CCJ after CN

tommoCF

wondered if any regulars are able to advise re query above please? many thanks 

Le_Kirk

They are supposed to complete and file & serve with the same deadlines as you.  The claimant should have your e-mail address as you used it to send the DQ to them.  What does your MCOL status shoe, can you see your DQ being filed?  Does it show the claimant's DQ being filed?  You can bring it up in your witness statement, assuming they sent their DQ and it proceeds to a hearing but it will likely be glossed over by the court as an "admin error" as the claimants seem to get a more relaxed attitude from them than defendants do.

tommoCF

Many thanks Le_Kirk.

I was sent directions and then the letter of proposed allocation to the small claims track following my CCJ set-aside back in August.

I guess MCOL is not dealing with it; it's a resurrection of the original claim. So I can't check my MCOL status. The court has confirmed they've received my DQ.

I already submitted my WS (+ evidence) and defence, in accordance with the directions.

Yes, the Claimant's solicitor has my email as I sent them copies of my WS, defence and DQ all by email and rec'd confirmation of receipt.

I've contacted the court to see if they've received the Claimant's DQ. If they haven't, will a hearing date still be scheduled? 

Le_Kirk

Ah!  It is a defence filed after a set-aside, this may be different and should be following the judges order that came with the set-aside judgment.  What did it say?

tommoCF

The judge's order following the set-aside hearing just said it's ordered that judgement against me dated xxx be set aside, and defendant do file and send copy to the Claimant a fully pleaded defence by xxx (my confusion and exasperation following this is covered on p6 of this thread..).

Luckily for me, you advised me to contact CCBC for a copy of the PoC - which I did and they emailed me it, which helped with preparing + submitting my WS with exhibits and defence (posted on earlier pages of this thread).

Following this I was confused to get a DQ as I thought the route this was progressing following a set-aside meant I wouldn't..
I completed and filed it anyway.. But thought that the Claimant would have to do likewise, which it doesn't seem they have (or they haven't sent me a copy anyway). So no idea what's happening now, or when I'll hear anything further and what that might be..

Le_Kirk

Since you are dealing with your local court and not the CCBC, there should be no need for a DQ - no idea why you were sent one, unless it was prepopulated with the name of the court and it was just being used to collect any dates when you weren't available for a hearing.

tommoCF

No, the DQ wasn't pre-populated with anything. I filled in the court name myself, along with the other relevant sections.

The DQ form was stapled to the 'proposed allocation to small claims track' letter, which specified the date for its return. The letter says (under the heading 'Important notice') that failure to comply means the court will make such order as appears appropriate, which could include striking out the claim or entering judgement.

Given that the claimant doesn't appear to have returned a completed DQ, does that mean the claim could be striken out?

Coupon-mad

Technically yes but maybe they sent one to the court and not you.

tommoCF

I recently received a date for my hearing early next year. It’ll be by phone.

The Order says each party should ‘provide copies of all documents on which he intends to rely at the hearing’. Deadline for those is next week.

The previous Order (following CCJ set-aside) told me to submit a full defence, which I did. I phoned the court to check they have my defence and witness statement (+ exhibits) in the file (they do).

Wondered if I need to submit anything else now?  I used the defence template provided by Coupon-mad (since ppc added costs), amending relevant wording to paras 2 & 3. I appended exhibit evidence to the WS (embedded into the Word doc).  

So for completeness I thought I'd send on full-size copies of the WS exhibits now (full copy of my leasehold agreement rather than just the relevant pages, and my land-registry title document etc). 

Wanted to check that I definitely don’t need to send in copies of all the precedent cases I’m referring to within the defence? 

And should I send in my costs at this stage or will that be later? 

Many thanks

Coupon-mad

If your first WS was in support of the CCJ set aside then you now need a fresh WS and evidence along the lines of those by @jrhys or @Nosy, which are good examples of a WS to support a PCN defence.

Don't forget a costs assessment including the £255 (unless they've already paid it or costs were not granted) and any loss if leave or salary for attending two hearings.