CCJ looking for consent or set aside

Coupon-mad

You should hear about the arrangements for the hearing a couple of weeks before, asking for a phone number because it will be done remotely.

Raf123411

Very frustrating day
I suppose to have a hearing to set aside, I was super confident and prepared thanks to forum. I send an email on 16-04-21 with my contact details and the PDF bundle. Few minutes latest 16-04-21 I gotnan automated confirmation email from the court they received my email. So I assumed with confirmation it's all good to go.

Today hearing should start at 12.15pm but no one called me, I waited till 12:30pm in case there is any delay. I call the court at 12:30pm and they said they don't called me as they don't received my email with contact details.

I send them my initial email from 16-04-21 and confirmation I received from their email and call them again. 
They said they don't know why they cannot see my email and now they will send this to judge and they apologise for this but now judge will have to decide what will happen. 

Anyone had a similar situation to this? 
Just not sure what I can expect now from the judge as I failed to attend the hearing due to the court emails fault.

I'm just super frustrated with all this and hope all hard work with WS and defence will not go to the bin now as well as £255 application fee.

KeithP

Yes, we have seen this before - quite recently.

The situation was put before a Judge and was resolved correctly, i.e. as if the frustrated hearing didn't take place.

Don't worry, I'm sure the court will correct their error.

Raf123411

KeithP said:

Yes, we have seen this before - quite recently. 

The situation was put before a Judge and was resolved correctly, i.e. as if the frustrated hearing didn't take place.

Don't worry, I'm sure the court will correct their error.

Thanks @KeithP for giving me hope! 

I just hope judge will reschedule the hearing  or at least decide to set aside. 

Raf123411

Hi everyone,
MASSIVE THANK YOU FOR EVERYONE as I managed to set aside my case today. You doing absolutely amazing job!
It`s set aside under the condition that I produce the defence by the 4th of October.


The hearing was quite straightforward with the claimant solicitor completely don`t have clue what they talking about just trying all points, but the judge was very helpful. The Judge mention he can see flavour on the internet in the defence and set the case aside on the basis of the real prospect of successfully defending the case. I asked for reimbursement of the set-aside fee but the judge agreed only to do it if I win the case so the winner takes it all.

So from what I understand:
- I have to send my defence to the court by the 4th of October ( this is sent only to the court, not the claimant solicitor)
- Once this defence is sent they will send me the Directions Questionnaire (N180) form to fill in and send back
- up to 14 days before the hearing once requested I have to send my WS with all exhibits( photos/evidence)

Coupon-mad

They may or may not send a DQ.  Some local courts follow that and some just list a hearing once the defence arrives with the local court.  Make sure you copy in the claimant's solicitor.

I asked for reimbursement of the set-aside fee but the judge agreed only to do it if I win the case so the winner takes it all.

Make sure the written order, when it arrives, says that your £255 costs are reserved.  Very important to have that in the Order.

Read all the other CCJ cases at post set aside stage, we have loads at the moment on the first few pages here for you to find and read.  The Judge has only asked for a defence but we recommend you also submit a WS and evidence about/to support the PCN defence.  And a schedule of costs of course, to remind the new Judge how much you are currently out of pocket and that the first Judge agreed that your costs are reserved.

Raf123411

Coupon-mad said:

They may or may not send a DQ.  Some local courts follow that and some just list a hearing once the defence arrives with the local court.  Make sure you copy in the claimant's solicitor.

I asked for reimbursement of the set-aside fee but the judge agreed only to do it if I win the case so the winner takes it all.

Make sure the written order, when it arrives, says that your £255 costs are reserved.  Very important to have that in the Order.

Read all the other CCJ cases at post set aside stage, we have loads at the moment on the first few pages here for you to find and read.  The Judge has only asked for a defence but we recommend you also submit a WS and evidence about/to support the PCN defence.  And a schedule of costs of course, to remind the new Judge how much you are currently out of pocket and that the first Judge agreed that your costs are reserved.

Thank you I managed to get through few pages and newbies guide and put together WS with all photos etc. which should be very helpful to prove my point.  While I putting the schedule of the cost I have a question about loss of earnings through attendance at a court hearing if it`s presumably a phone hearing? Is this cost still apply?

Raf123411

Just have another question about Excel additional £60 fee ( on the top of £100 charge) as a debt collector cost. Can I still use: ParkingEye Limited v Beavis and Britannia v Crosby Approved Judgment - Southampton Court to support my WS and defence? 

Excel in the letters highlight: 
' References

You may wish to reference the case of ParkingEye Limited v Beavis

[2015] UKSC 67 in which the Supreme Court held that parking

charges serve a legitimate commercial interest and are neither

extravagant nor unconscionable.' 

Is that just the trick they try not to add legal cost so cases cannot be struck out base on ParkingEye Limited v Beavis case?

Also I actually never heard anything from any debt collectors and the only way to find out about this CCJ was my credit score.

Coupon-mad

In Beavis there were no added fake costs because ParkingEye stopped adding tgat when they were told in ParkingEye v Somerfield that the added sum was unjustified and probably a penalty.

You don't use Britannia v Crosby because the other Defendant managed to allow his case to get appealed and he offered no contest.  So he ruined the first decision I'd secured.

You use the two cases in the thread I started in May/June.  See my discussions under my profile.

Raf123411

Thank you @Coupon-mad . Just from the technical aspect, I should send two files: Defence and Defender pack including WS, exhibits supporting my defence and schedule of cost? 

The cost was reserved for my CCJ application, but is this should be in the schedule of cost in my WS?