We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Need help with CCJ Set Aside and issues relating to SAR

1679111214

Comments

  • Got my letters from the court this morning for a proposed allocation to the fast track. States that I've now defended the claim and that form N181 needs completing. Is it largely the same as the N180? ie can I still use bargepole's guide? Also, will I just need to send this questionnaire out via EMAIL to the court and claimant? Thank you. 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Allocated to the Fast Track??

    That's unusual. Would've expected it to be allocated to the Small Claims Track.

    Wait and see what others suggest.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Bargepole guide is referring to the standard claims and DQ that go to the CCBC

    Yours is a set aside and subsequent defending of the claim or claims , so it seems like you have your set aside and must now follow court orders in defending the claims themselves

    Set aside and defending claims is not the same scenario as following the standard procedures in the usual manner
  • Jeff_Goldblum
    Jeff_Goldblum Posts: 58 Forumite
    10 Posts Name Dropper
    edited 1 April 2021 at 1:53PM

    Was thinking it would be easier just to show you the letter I received.
    From the way it is written, it sounds like this is addressed to the Claimant and its just my copy.
    Any help would be greatly appreciated.

    EDIT: I have had a quick look at what The Fast Track is and it just doesn't seem suitable for my case at all. The combined total of the original claims was just over £1,000, whereas it seems The Fast Track is reserved for cases in excess of £10,000. I can't see why a whole day would need to be allocated for it too. 
  • Umkomaas
    Umkomaas Posts: 43,856 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    We're 5 months in on this case and I don't think we don't even know who the actual claimant is. I may have missed it in scanning back over the 84 posts across the thread, but could you please provide the information?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Le_Kirk
    Le_Kirk Posts: 25,232 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Is that addressed to the defendant or to the claimant?
  • Jeff_Goldblum
    Jeff_Goldblum Posts: 58 Forumite
    10 Posts Name Dropper
    edited 1 April 2021 at 2:49PM
    It addressed to me, yes. Does anyone have a link or a suggestion of what I can put in box D2 to argue that my case should be on the Small Claims Track? Additionally, does anyone have a guide or thread I can read on filling out the N181?
  • Umkomaas said:
    We're 5 months in on this case and I don't think we don't even know who the actual claimant is. I may have missed it in scanning back over the 84 posts across the thread, but could you please provide the information?
    Hi Umkomaas. More trying to be private with it, as advised but have noted before in this thread (granted its rather big now) that it's Gladstone Solicitors representing Horizon Parking. 
  • Umkomaas
    Umkomaas Posts: 43,856 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It addressed to me, yes. Does anyone have a link or a suggestion of what I can put in box D2 to argue that my case should be on the Small Claims Track? Additionally, does anyone have a guide or thread I can read on filling out the N181?
    I'm no legal expert, but my understanding is that on the fast track there is no limit on costs, great if you win, but potentially crippling if you lose. This must be an error in allocation for a claim of a few hundred pounds. I wonder if @Johnersh (a qualified lawyer) has a view?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Le_Kirk
    Le_Kirk Posts: 25,232 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    It addressed to me, yes. Does anyone have a link or a suggestion of what I can put in box D2 to argue that my case should be on the Small Claims Track? Additionally, does anyone have a guide or thread I can read on filling out the N181?
    Notwithstanding what @Umkomaas has written if you ask Auntie Google, loads of info is available including images of completed N181 forms.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.3K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.3K Work, Benefits & Business
  • 601K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.