Need help with CCJ Set Aside and issues relating to SAR

Johnersh

The letter is nonsense.

It is their duty and theirs alone to ensure that the claim form(s) are properly served, irrespective of whether you communicate with them pre action.

I don't have the court file. As suggested previously, I dislike reference to lead or subsidiary claims. Despite what they say, if they are willing to reimburse and discontinue they must be concerned that there's at least a risk of you recovering costs in full. 

In terms of the consent order, the neatest solution IMHO is for the order to refer to both claim numbers, with or without preamble. So, for example:



UPON the claimant having issued proceedings against the defendant under claim numbers xxxxx and yyyyy

AND UPON the court having set aside judgment in default on [date] 

AND UPON the parties having agreed terms AND BY CONSENT

IT IS ORDERED THAT:

1. All claims brought by the claimant against the defendant under both claims xx and yy are dismissed

2. The Claimant do pay to the Defendant the sum of [£500+ EDITED] (representing the £510 Application fees and [REDACTED] for half day attendance at the single hearing which consolidated both matters) within 14 days

3. There be no further Order as to costs.

4. Liberty to apply.

The above is rather less ambiguous but there's more than one way to do this. 

Jeff_Goldblum

Thanks! Two questions on that.

1) Should I leave the capitals in and type it exactly as it?

2) Would it make sense to use both claim numbers despite the fact that the cases were consolidated with the first claim having the lead claim number?

Thank you again for all of your help!

Coupon-mad

Yes (the capitals are what an Order looks like and that wording is the correct style: 'UPON' etc.).  Copy it exactly and add in the true redacted sum.

And yes, that's the point, using both claim numbers leaves them no space to resurrect the other one.

Jeff_Goldblum

Sent the revised consent order over to them first thing this morning and they've not replied yet. Maybe busy, maybe just making me sweat. Only thing is that tomorrow is basically the deadline due to Bank Holiday Monday.

We've not agreed on the proposed directions as they've remained steadfast on costs being reserved.

They did put this in the email which troubled me

"Without prejudice save as to costs"

Anyway, what I really want to know is, could they just be trying to wait it out as we haven't agreed to proposed directions. Will it be on me for not signing and sending them back now EVEN though I've attempted to negotiate with a revised Consent Order?

As always, thank you for your time everyone.

Le_Kirk

"Without prejudice save as to costs"

Means you cannot use this in a hearing until it comes to allocating costs once a decision has been made by the judge.

Jeff_Goldblum

So they've finally replied with their consent order which they revised AGAIN after the one Jonersh so kindly provided.

Thoughts on whether this is worth signing guys? Today is the deadline.

UPON THE APPLICATION of the parties

AND UPON The Claimant having issued proceedings against the Defendant under Claim Numbers [CLAIM NO.1] and [CLAIM NO. 2], which are now collectively consolidated under Claim Number [CLAIM NO1] (the “Lead Claim”)

AND UPON the Court having set aside the Judgments entered in default for both Claims on XXXX 2021

AND UPON THE PARTIES having agreed terms of settlement

BY CONSENT it is ordered that:

1.The Lead Claim be dismissed.

2. The Claimant shall pay the Defendant’s costs in the sum of [£500+] (representing the £510 Application fees and [REDACTED] for half-day attendance at the single hearing, which consolidated both matters) within 14 days.

3. There be no further Order as to costs.

4. Liberty to apply

EDIT: Obviously I understand that no one can give me legal advice or tell me what to or not to sign.

Just want to be clear that all I'm asking for is, much like last time, that if I were to sign this would it mean that they would not be able to litigate against me on either 2 claim numbers ever again?

Coupon-mad

I'm not sure if that's OK but was it agreed and submitted today?

Jeff_Goldblum

I didn't send it in the end as I was concerned I would be agreeing to something that wasn't favorable. Technically May 4th is the deadline but the bank holiday is there this week. Hoping that if someone chips in and says it all looks good I can get it over to them before they submit their N181.

Jeff_Goldblum

Hi guys, I went ahead and signed the consent order in the end. I'm no hero and would prefer to not have to go to court. ESPECIALLY with it going to the fast track originally and having to show that you've attempted to negotiate.

Anyway, they sent this over in response with their Directions Questionnaire and N181.

"We acknowledge receipt of your recent email enclosing signed Consent Order.  We will now arrange to file the same with the Court.

In the meantime, in order to protect our client’s position, we enclose by way of service, Directions Questionnaire together with draft directions.  We confirm a copy has been filed with the Court."

Can this basically be ignored as the consent order has been signed now?

Thanks again for everyone's help.

Coupon-mad

Depends what the draft directions say, and whether you have also sent a DQ if you were required to.