CCJ after CN

tommoCF

just bumping this up in case anyone has thoughts?..

now trying to get the defence document together, which shd be much shorter.. 

tommoCF

Redx said:

You deal with your local court , as instructed , the CCBC system applies in new cases , not set aside

Your Defence by coupon mad plus maybe a WS plus Exhibits etc probably all go in one bundle ( email ) to the local court plus the claimants solicitor. You are now being fast tracked

The 30 days hold is for LBC stage in normal cases , so not in your case , The n180 doesn't apply either

A set aside case follows a different path to the Bargepole guidance for new claims

Stick to dealing with your defence of the POC you now have , adapt your defence accordingly , add a WS plus exhibits and comply with the order you have been given

MCOL is not dealing with it , it's a resurrection of the original claim

Many thanks Redx - this explanation helped me understand better what was going on.. I thought it must be different to normal cases on the forum and being 'fast tracked' somehow, but wasn't sure what that meant.

Am preparing to email bundles before the deadline  - it's ok to send it by email to Claimant's solicitor isn't it (Gladstones)?

Also wondered if the Claimant will then make a response to my defence prior to the case itself being heard?

The Claimant sent a WS ahead of my CCJ set-aside hearing in response to my N244 - am I permitted to refer to (and include exhibits from) their WS in my own defence and WS that I send with the bundle?

D_P_Dance

As a landlord, it is my opinion that the presence of a PPC in a residential complex, deters renters and depresses retail sales.a

tommoCF

tommoCF said:

Redx said:

You deal with your local court , as instructed , the CCBC system applies in new cases , not set aside

Your Defence by coupon mad plus maybe a WS plus Exhibits etc probably all go in one bundle ( email ) to the local court plus the claimants solicitor. You are now being fast tracked

The 30 days hold is for LBC stage in normal cases , so not in your case , The n180 doesn't apply either

A set aside case follows a different path to the Bargepole guidance for new claims

Stick to dealing with your defence of the POC you now have , adapt your defence accordingly , add a WS plus exhibits and comply with the order you have been given

MCOL is not dealing with it , it's a resurrection of the original claim

Many thanks Redx - this explanation helped me understand better what was going on.. I thought it must be different to normal cases on the forum and being 'fast tracked' somehow, but wasn't sure what that meant.

Am preparing to email bundles before the deadline  - it's ok to send it by email to Claimant's solicitor isn't it (Gladstones)?

Also wondered if the Claimant will then make a response to my defence prior to the case itself being heard?

The Claimant sent a WS ahead of my CCJ set-aside hearing in response to my N244 - am I permitted to refer to (and include exhibits from) their WS in my own defence and WS that I send with the bundle?

Bit confused now.. After sending in my defence and WS + exhibits some weeks ago, I received 'Notice of Proposed Allocation to the Small Claims Track' letter a few days ago.

It says this is now a defended claim and a copy of the defence has already been sent to me by the defendant. That's not right, as I am the defendant..

The letter also tells me to complete the attached form N180, which I wasn't expcting to receive going by previous advice. Have seen on the forum guidance from System on how best to complete the N180 which seems straightforward (https://forums.moneysavingexpert.com/discussion/5504705/scs-law-letter-before-claim-for-multiple-pcns-over-1000/p7), - just wanted to double-check this is still right?

I guess once I send off the completed N180 I'll get a future hearing date. Haven't heard anything from C.. wondered if they are permitted to submit anything in response to my defence + WS, or if they just rely on the POC? They submitted a WS for the set-aside hearing.

Within my WS exhibits, for the lease I only included relevant pages rather than the whole lease, which I hope will be ok. For my defence, I combined the Coupon-mad template for added-on costs with Johnersh's residential space defence.

Do I just need to ensure I'm fully up-to-speed with the various arguments + cases referrred to within those before the hearing? but I can't send anything further into the court? Bit confused getting the N180 now, as I thought I read elsewhere on the forum that after sending that form there's a further time allowance to file exhibits?..

Terry1931

You asked for my thoughts so here they are....OMG what a mess, all for the sake of ignoring a parking/charge notice and letting the Parking company stay in control and come back at you at some future unknown and inconvenient date.

tommoCF

was hoping for a constructive response really

Coupon-mad

tommoCF said:

was hoping for a constructive response really

You will get that from the regulars.

Sadly, this new poster appears angry and intent on spamming threads and telling people to pay, and the recent posts bear all the hallmarks of a PPC poster.  We get a lot of them here of course because this forum is so successful and the regular posters here are taken seriously by Judges and by the Government, when we reply to consultations and the like.

The N180 is a standard form used both for the other side and you so there are sentences that don't relate to you!  Fill in the DQ and send it to the claimant's solicitors and to the court where the letter says to return it to - I assume this DQ came out from the local court and you've already had the CCJ set aside?

tommoCF

Many thanks Coupon-mad - greatly appreciate all input and advice from the regulars, and what you say makes perfect sense re previous poster..

Yes, I had the CCJ set aside a few weeks ago.. the resulting order required I file a fully pleaded defence, for which I adapted yours and Johnersh's templates along with a (quite lengthy) WS + exhibits.

Posted my WS text on p7 of thread but didn't hear anything before I had to send it off, so hoping it's ok..

I'll complete + send off the N180 anyway and wait for the next stage.. So the claimant has to fill one out too and serve me a copy? Bit loathe to include my mobile number on the form tbh as obviously don't trust the ppc with any info they don't already have.. but the form says it's essential so guess I'll have to..

tommoCF

..sorry meant to add that yes, the DQ came out from the local court.

tommoCF

I filled out and returned the DQ form N180 before the deadline, as instructed in the 'Notice of Proposed Allocation to the Small Claims Track' letter. I heard back from the court and the Claimant's solicitor confirming receipt.

However, I haven't received a copy of the DQ that I thought the Claimant was also supposed to complete. Have I got that right, and if so are there any implications of the Claimant's failure to do this?

many thanks