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

D_P_Dance

IMO, showing one's hand is no bad thing  It lets them know that your are not an easy mark.  

milkybk

@Coupon-mad @D_P_Dance - okay thanks guys. I'm working on it. The Witness Statement takes a lot longer than the defence haha but I think it's looking really good. I want to include a couple of videos, as they accurately show the drivers view entering and leaving, I consider them critical. But I'm not sure if they'll make the file too big to send and not sure how the court will view them, given it's an online hearing and they seem to just print everything off..

Coupon-mad

You could deliver everything printed, including a USB stick securely attached and labelled in the ring binder.

milkybk

Coupon-mad said:

You could deliver everything printed, including a USB stick securely attached and labelled in the ring binder.

That's a really good idea, thank you .

I'll have something ready for you all to view this weekend. Although I'm not even sure when the court date will be yet, as the Claimant and Court haven't responded to my defence yet (rung to confirm they've received it).

milkybk

Received an email from Excel today looking to settle outside of court after receiving my defence and the CCJ having been set aside. They’ve basically asked me send them an offer of what I require to mediate the matter outside of court.

Umkomaas

They’ve basically asked me send them an offer of what I require to mediate the matter outside of court.

Tell them that you will accept £xxx to ensure they do not have the expense of a losing appearance in court.  An 'offer' doesn't have to be in their favour!

I think, in any case, this is heading towards a discontinuation - so play hardball to push it closer to that line.

D_P_Dance

Ask for £100 and an apology.

milkybk

Umkomaas said:

They’ve basically asked me send them an offer of what I require to mediate the matter outside of court.

Tell them that you will accept £xxx to ensure they do not have the expense of a losing appearance in court.  An 'offer' doesn't have to be in their favour!

I think, in any case, this is heading towards a discontinuation - so play hardball to push it closer to that line.

D_P_Dance said:

Ask for £100 and an apology.

Ok thanks both

I was thinking along the same lines.

• Reimburse £255 N244 fee obviously (which they've now been ordered to do at hearing regardless of outcome).
• £X for time spent working on everything and loss of earnings etc - I'll push the limits with this, as why not.
• Claim dropped and an apology etc.

I'll reply later today and let you all know what they say. My witness statement will be ready for you all too this weekend, as previously mentioned. Maybe them seeing that (as it's damning from their point of view) will really make them pay up? Although I wasn’t going to share it with them until closer to hearing date anyway, which is yet to be set.

Jenni_D

What happens regarding your £255 fee if they discontinue the claim? Does that become automatically payable or do they avoid it? (i.e. what exactly did the set aside order say?)

milkybk

Jenni_D said:

What happens regarding your £255 fee if they discontinue the claim? Does that become automatically payable or do they avoid it? (i.e. what exactly did the set aside order say?)

I would request this as part of any negotiation to discontinue. If there were to drop it themselves, without negotiation, then I would hope the claim hearing would become a cost hearing, as per my defence (I believe that's part of the standard defence template wording right at the end).

DDJ ordered that the £255 must be repaid by the Claimant, which they're sending out as an amendment, Court Clerk confirmed. 

I understand why you're mentioning it, as they may look to try and make it "smelly" haha and play awkward but if that was the case I would move forward with my hearing as requested as a cost hearing. Assuming this is allowed by courts? I always assumed that's why that line is in the defence, in case Claimant's try to do exactly what you're suggesting.