Need help with CCJ Set Aside and issues relating to SAR

Coupon-mad

You simply do what the Order tells you to do - tick the box and explain that the Fast Track is a mistake for this case; it should be the small claims track.

Johnersh

Unless this is unusually complex or requiring expert evidence the case should be allocated to small claims.

@Coupon-mad is correct - the actual form tells you what you need to do.

@Umkomaas is also right that costs are recoverable (on an hourly rate basis) on the fast track, so you'd want to think carefully if the litigation proceeds on that basis and if you have no litigation insurance to cover the risk of losing. 

Jeff_Goldblum

Johnersh said:

Unless this is unusually complex or requiring expert evidence the case should be allocated to small claims.

@Coupon-mad is correct - the actual form tells you what you need to do.

@Umkomaas is also right that costs are recoverable (on an hourly rate basis) on the fast track, so you'd want to think carefully if the litigation proceeds on that basis and if you have no litigation insurance to cover the risk of losing. 

Thank you once again for all of your help. A few more questions please.

1)Under A1 of the N181 if I choose "no" and do not try to settle the claim, if I am denied being put on the Small Claims Track as I have requested in D2, will I just have to go ahead with the case on the Fast Track and have no option from there to settle unless the Claimant offers it to me? Obviously I want to fight this but am not in any financial position to fight this in the Fast Track.

2) In D4, where it states about disclosure of non-electronic documents, I have understood this relates to CPR 31.14 in my research. Does this mean I need to include my Witness Statement with the N181 and have to also disclose my Witness Statement to the Claimant?

KeithP

1) you always have the opportunity to settle with the Claimant right up to the start of any hearing.

2) The first paragraph of CPR Part 31 states:

This Part applies to all claims except a claim on the small claims track.

Coupon-mad

 if I am denied being put on the Small Claims Track

It won't be. This is an error.  Then they will reallocate it and you will get directions from your local court when it is allocated there properly.

henrik777

KeithP said:

1) you always have the opportunity to settle with the Claimant right up to the start of any hearing.

2) The first paragraph of CPR Part 31 states:

This Part applies to all claims except a claim on the small claims track.

https://hsfnotes.com/litigation/2021/03/25/high-court-agrees-not-to-hand-down-judgment-where-settlement-was-reached-after-parties-received-draft-judgment/

You can settle until judgment is handed down.

Jeff_Goldblum

Okay so I just want to clarify with absolute certainty that on D4 all I am writing is "Witness Statement" and am including my Witness Statement with the N181 when I post it to the Court.

Then I am going to send a scan of the N181, along with my Witness Statement converted to PDF to the Claimant. Additionally, I will need to send the Claimant a Draft Order similar to how I did for the Set Aside.

Sorry for all the questions and I have read CPR Part 31, I just want to make 100% sure that I am doing the correct thing here as it is a different form from the N180 and bargepole's standard guide. Thank you.

SayNoToPCN

You indeed have no other possible disclosure. And, again, you will NOT be on fast track!

Why are you sending a draft order to them? the order does NOT state to do that, does it? It says you are to attempt to agree Directions - which the N181 will effectiuvely do.

Yes, we know it is different. The court made a mistake, and now you do as they tell you to, and get it back on small claims

At a guess someone saaw "£1053" or whatever and saw it as 10530, and so fast track. 

Jeff_Goldblum

Hi guys, I know it's a made up number but checked my credit report this morning and the CCJs have officially cleared. Credit score jumped about 300 points. Just wanted to do a quick post to let you know how grateful I am for all of your time and help in getting this beat.

PS. Everything's sent to the courts and claimant now, I am just awaiting a response with a date.

Le_Kirk

Good News!