CEL CCJ Set Aside - Support Please!

redredelise

I'm really keen to get this sent off today.
Are my WS and DD now good to go?
Any last improvements?

Le_Kirk

If you've had the nod from @henrik777, I would suggest you are good to go.

SayNoToPCN

As you can tell from henriks posts, theyre pretty good on this topic!

Assuming you are where I think you are, remember you are sending to the court a PDF of your WS, PDF of the draft defence, the N244 which is likely a PDF, andf then a word (editable) version of the draft order. THat way the court can edit your draft to put, for example, the right dates in

redredelise

This is great news. 

Yes @SayNoToPCN I will sort PDFs and Word for DO.

Thank you so much guys!

I could NOT have done this without your guidance and support 👍🏽🙂

I will keep you posted on proceedings...

redredelise

Hi All. Here is the response from CEL.

I have seen similar responses on the forum and I would say it's worth turning down as I believe it's defendable.
Any thoughts would be greatly appreciated 🙂👍🏽

henrik777

Para 2, scary £1000 fine so please stop.

Para 3, You'll lose please stop.

Para 4, please give us money.



However, this does show why you should always ask for consent up front. If this was an option you were agreeable to you could then just pay £100 fee instead of £255 and trying to get a refund.

I'd fight them though as i do think you're chances are good.

Coupon-mad

LOL, not that we needed it but that's proof that their actual claim was enhanced. 

If the 'administration costs and fees we have incurred in trying to recover payment'' (i.e. just the claim filing fee) why did they file a claim inflated by £60 or £70 extra, they they also described as 'costs'?  

Thing is, you can't mention WP offers in court so it's annoying that you can't point that out to the Judge.  Shows how desperate PPCs are right now.

redredelise

Thank you.

I'm assuming that I wouldn't get the £255 back now it's been paid - or do the court issue refunds if you want to change to a set aside with consent?

I think it's worth fighting anyway. The more that people can fight back the better. 
That letter is trying desperately to dissuade me from proceeding. 

I've heard from the BCCC that the case is being transferred to my local court, but no hearing date yet.

Seems like the general consensus from the forum crew is to take it all the way, right?

Coupon-mad

I'm assuming that I wouldn't get the £255 back now it's been paid - or do the court issue refunds if you want to change to a set aside with consent?

No they don't, and you DON'T want to proceed as a set aside with consent.

That letter is trying desperately to dissuade me from proceeding. 
Seems like the general consensus from the forum crew is to take it all the way, right?

Yes and yes!

redredelise

Do I need to respond to the letter in any way?

Sensible answers only to that question please!