DCBI CCJ (£1000+) Set Aside

sophie160207

Okay, thank you everyone for the advice. I will post in the coming days when I am collating all evidence for my set aside. Many thanks - it is hugely appreciated.

sophie160207

Hi everyone, many thanks for all your help with this last week. I am now putting together my N244 application including my WS and draft order.
Would anyone be able to look at my draft order? I am pretty confident with my WS and have lots of evidence to support it. I am ordering the Claimant pays back the fine I have paid them (I did this to ensure my credit rating would be unaffected) and want to make sure I have made this clear. All and any feedback would be wonderfully helpful. Many thanks in advance.

DRAFT ORDER

IN NORTHAMPTON COUNTY COURT BUSINESS CENTRE

Claim No. XXXXXXXXXX

BETWEEN:

Vehicle Control Services (Claimant)

-- and --

Miss Sophie XXXXXXXX (Defendant)

It is ordered that:

1. The default judgment dated 27th January 2021 be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/19 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3, the Defendant shall file and serve a defence by 4pm on XX/XX/2019.

5. The Claimant reimburses the Defendant’s costs to the sum of £1151.90 as the Defendant has already paid the fine sought by the Claimant.

6. The original claim be dismissed.

I have been searching forums and writing it myself so I imagine there are some mistakes...

Thank you!

Le_Kirk

I would change the dates to XX/XX/2021 or just leave it as XX/XX/XXXX for the judge to complete.

sophie160207

Thank you Le_Kirk!!

nosferatu1001

OK, you need to read what youre putting down, and think what those words mean!
5) No. There was never a fine. Stop using that word. We're five pages in, that "F" word NEVER gets used. 
Dont say costs - state you seek the judgment amount paid to the Respondent (thats the claimant, you are making an application so   you are the appellant, they are the respondent as they are responding to your application) on X date refunded within 14 days of the set aside hearing
6) Do you know what "the original claim be dismissed" would mean? This would mean the Judge strikes out the entire claim. there is no hearing. 
That means
2) Ther eis no hearing to reserve costs to
3) There is no need for them to serve a claim form on you, because there is no longer a claim
4) there is no need for you to file a defence to the claim that doesnt exist!

Le_Kirk

sophie160207 said:

Thank you Le_Kirk!!

Reading your six-point draft order again, it doesn't sit quite right.  Below is the standard order that is found by searching the forum.  You might need to think about the wording if you have already paid the invoice.

It is ordered that:

1. The default Judgement dated DD/MM/YYYY be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/21 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/2021

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant’s costs summarily assessed at £255 plus the Defendant’s costs for attending the hearing.

6. All enforcement be put on hold pending the outcome of the application.

1505grandad

Also make sure that the claimant's name is correct   -  Vehicle Control Services Ltd

nosferatu1001

6) - there is no current enforcement, as the D paid up.