Excel - Set aside WON & CASE WON - Excel defeated AGAIN!

milkybk

I'll be honest, it's gone from a day I was very prepared for etc to quite a stressful one due to this 1.5 hour delay. But keeping my cool and just waiting my turn. Unfortunately boiler work is loud, so just hoping when I need to talk he isn't doing anything.

Looks like may be in waiting room for a while, I imagine they have to catch up with other cases and prepare the Judge's etc. 

milkybk

Hearing starting, Judge dialling in, so far Excel not tried to join. Let's do this!

milkybk

I WON!

Judgement set aside! Judge ordered the Claimant's representative to draft an order removing the CCJ by 2:30pm today and it will then be signed and sealed and sent to me.

The judge has set a date for 14 days to hear the trial for the original PCN, which I am prepared for. She has ordered that to be a cloud hearing as well for 1 hour. With regards to costs, the Judge says obviously the N244 application fee will be refunded, regardless of the outcome of the PCN hearing. She has reserved all other costs until after that hearing and asked me to submit an N294 with evidence proving loss of earnings and time spent working on everything etc.

I will work on my defence further with you guys but today I am celebrating.

From the bottom of my heart, thank you so much. My family and I have had an awful year for various reasons (sister assaulted, family passing's etc) and this event added to my stress. I've also been badly injured throughout. You have given me so much help. Thank you, so much.

I'm not an emotional man but I'm tears of happiness. 

D_P_Dance

It looks as though the judge might award you costs for unreasonable conduct.  Milk it!

Jenni_D

Congrats! 😁

As regards the defence to the original PCN, as C-m has said in several set aside threads - make sure you don't only submit a defence; you need a defence, witness statement and evidence all in one go.

milkybk

Jenni_D said:

Congrats! 😁

As regards the defence to the original PCN, as C-m has said in several set aside threads - make sure you don't only submit a defence; you need a defence, witness statement and evidence all in one go.

Yes will work on it all in this thread from tomorrow, hopefully you can all help further! But today I need to relax now haha.


D_P_Dance said:

It looks as though the judge might award you costs for unreasonable conduct.  Milk it!

Haha we'll see! As said to jenni, will work on my defence further from tomorrow. I told the Judge I had one today ready but hadn't sent it to the Claimant as we weren't at that stage yet. The Judge said that's fine and you have a right to defend yourself.

I asked her what would happen if I lost the next trial - She said I'll still get the N244 back, just no other costs and would have to pay the Claimant the original fee of £60, if I can prove it was inflated etc.

The Judge seemed particularly annoyed with the Claimant about the fact that the PCN was in 2017 but they served a CCJ in 2020.

Le_Kirk

Absolutely marvellous outcome for you and getting your fee back too.

milkybk

Le_Kirk said:

Absolutely marvellous outcome for you and getting your fee back too.

Thanks mate. All down to the help this forum provides, if I can ever return the favour to others in the future I will do. Happy for my thread etc to be used to help assist others.

I took great pleasure in DCBL (debt collector) having to give up today.

Received set aside from Claimant - court will send me signed and sealed one ASAP. 14 days to submit defence from both sides, must be shared with each other first etc.

Court has strongly advised us to try to mitigate the matter before the hearing, I will wait to see what Excel say.

Coupon-mad

Brilliant news, well done!  And quite right you got the £255 back as well.

I think you've also registered for the Group Action against the DVLA to try to get compensation for dodgy data release? The solicitors have changed the cut off date to earlier, PCNs from 2016 now included I believe.

milkybk

Coupon-mad said:

Brilliant news, well done!  And quite right you got the £255 back as well.

I think you've also registered for the Group Action against the DVLA to rry to get compensation for dodgy data release? The solicitors have changed the cut off date to earlier, PCNs from 2016 now included I believe.

Thanks

Do you mean the group thread? I've posted in it before and have kept up to date with it. Is there anything you need me to do to support?