CCJ after CN

Johnersh

There's an argument that the claim was always defective if they were unable to serve *any* evidence in support of their claim and the Particulars are generic, scant and pleaded in the alternative, such that you can legitimately ask what their claim really was. 

tommoCF

In terms of unreasonable conduct, is it worth adding evidence of the claimant's practices after the ccj was made against me (in default), namely the threatening  debt collection letters?

They must've passed it over to a debt recovery company, following a non-sensical Gladstones letter of claim containing sentences that cut-off halfway through.. (it looked like their ink must've run out in the middle of printing the letter, or some other ridiculous admin balls-up).

Coupon-mad

Yes.  List all of it.  You want to show a course of conduct that was unreasonable.

tommoCF

Just wanted to double check I don't need to include a defence with what I submit?

I've added the examples of unreasonable conduct to my WS but it feels as though I'm not addressing the original incoherent POC unless I include a defence doc, highlighting t that I never entered into agreement or contract with the Claimant, and that inflating admin costs in this way is extortion.  

Coupon-mad

I wouldn't...

EDIT -
reply deleted because I thought this was a hearing to set aside the CCJ - but we are way past that!

tommoCF

Apologies, there's confusion - it isn't a CCJ set-aside hearing as I did that last year, after which I submitted my case to the court (fully pleaded defence) and a hearing date was scheduled. I then resent my case (defence/WS/evidence) and the claimant discontinued a couple of days later..

On the back of this I wrote to the judge saying the situation seemed unfair since it was a discontined small claim, meaning I couldn't claim costs. Following that new directions were sent and a hearing date set (but I'm not sure what sort of hearing as the paperwork doesn't specifically say.. ). A directions or costs hearings has been suggested here, but the notice states small claims, which doesn't make sense to me since that would mean it's taking the same route it did previously.

I've included examples of the claimant's UC in the WS I'm sending, but wanted to check about also sending a defence too, using the latest template? 

Coupon-mad

Oh sorry, this is the (rare) costs hearing case!

You are going to have to remind us every time because the thread title says 'CCJ' and we dip in and out of maybe 100 threads every day!

As you already submitted a defence you can't alter it and don't need it, if this is about costs only.  The discontinuance stands.  The claim is over.  This is a short hearing that you asked for, effectively, to state your costs.

tommoCF

Many thanks - and please don't you apologise!  I have no idea how your (and the other regular's) brains are able to function so incredibly well across this volume of information and all the guidance you provide... but I'm very grateful you can!

Just by saying 'the discontinuance stands' has helped me understand it much better now, thank you.

I was slightly concerned that I can't sure be absolutely sure it is a costs hearing (since it doesn't specify that anywhere on the papers). So I was kind of thinking I should hedge my bets and submit a defence to make sure I was covered.. But I see now that since the discontinuance stands, the defence stage is finished and over now, so anything further on that front would be redundant.

I've added further text and evidence to my WS indicating the claimant's unreasonable conduct (WS already contained a few examples of UC when I submitted it previously). My cost schedule is included within WS too, and lists ccj set-aside fee persuant to CRP 44.11, and costs for 6 hours of research, preparation and drafting documents pursuant to CPR 46.5.
Guessing I can't add anything further?..

many thanks again

Coupon-mad

Seems very reasonable.

What about your fixed costs for taking a day of leave or loss of salary for attending the hearing, or is there no such loss?

Someone did one of these costs hearings the other month.  Me and @ParkingMad helped them cope and win their costs.  They were very scared because the other side threatened them with huge costs for wasting their time and we had to persuade them that they had to see it through and attend, to see off the possibility of being held to be unreasonable themselves. The good side won!

I've tagged my local friend ParkingMad (we are the 'Brighton ladies' because we attend Brighton and Worthing parking hearings) because she may well recall which username it was whose thread you could read - because I don't!

tommoCF

Many thanks, that'll be very helpful if ParkingMad can remember who you helped with their costs hearing before so I can read through the thread.

Re fixed costs for taking leave or loss of salary for hearing attendance, there's no such loss unfortunately. There have been a number of other costs e.g. for prinitng supplies etc but not sure how I would present those in the costs assessment + what evidence I'd need.