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

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  • milkybk
    milkybk Posts: 328
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    @fb1969 thanks for the info mate, very helpful.
  • Umkomaas
    Umkomaas Posts: 41,140
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    👍 +1, +1 👆👆 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • milkybk
    milkybk Posts: 328
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    Got a letter from DCBL today acknowledging I’ve submitted an N244 and saying they’ve put my case on hold for 60 days. How kind of them!  :D
  • milkybk
    milkybk Posts: 328
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    edited 26 July 2021 at 4:56PM
    I received a letter from the court today confirming a date/time for my remote hearing. Unfortunately it's not until November. I understand this isn't a serious matter compared to most but I'd be royally screwed if I required credit/mortgage before then.. Thankfully I don't but it's impossible to predict what will happen 4 months, especially in COVID times.

    I've already emailed through my contact details and got a confirmation. Redacted copy of the letter I received below, apologies for it being a picture, I don't have a scanner at home right now:



    Bit I've highlighted in red - They attached a copy of my N244 and Draft Order but not my witness statement and evidence.. I assume they send the same letter and pack to both the claimant and the defendant. If so, shouldn't they be sending everything I emailed to them to Excel (so they have my evidence beforehand)? Slightly concerned they've missed something, everything was attached to one email. Is this normal?

    A bit further down it asks the claimant to send through a PDF bundle about the case. After listing what's required it then says "parties must ensure the bundle is sent to the court electronically...." - Given it says "parties" (plural), should I also send my whole pack through to the email address too?

    If people are unsure I can ring CCBC tomorrow to check.
  • KeithP
    KeithP Posts: 37,104
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    edited 26 July 2021 at 5:10PM
    Everything you have sent to the court should also have been sent to the Claimant.
    That means the Claimant already has your evidence and Witness Statement, together with a copy of your N244.

    That letter is telling the Claimant to produce one bundle that includes everything that both parties think the court needs to consider.

    Might be worth re-reading the telephone hearings thread linked from the second post of the NEWBIES thread.

  • Coupon-mad
    Coupon-mad Posts: 129,343
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    edited 26 July 2021 at 5:44PM
    Ring the CCBC? But this has nothing at all to do with them!

    Your local court has surely made a mistake to delay a set aside hearing so long (unfair - this is urgent) but also to include template ‘claim’ directions expecting the CLAIMANT to handle the documents and chronology, etc. This is not a hearing of the Claimant’s claim, this is YOUR set aside hearing your have paid £255 for, so the Claimant directions there are completely inappropriate.  

    The least you can expect is a more urgent and quick 30 minute hearing, given CPR 13.2 applies and the claim was defectively served and MUST be set aside.  This should be a short hearing and not for the claimant to dominate.

    Ring the court and not the CCBC, obviously.  Ask to speak to the court manager if they don’t get the above issues. These standard  directions and waiting to November sound like a court clerk has treated it as a hearing of the claim.
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  • milkybk
    milkybk Posts: 328
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    edited 26 July 2021 at 6:09PM
    Ring the CCBC? But this has nothing at all to do with them!

    Your local court has surely made a mistake to delay a set aside hearing so long (unfair - this is urgent) but also to include template ‘claim’ directions expecting the CLAIMANT to handle the documents and chronology, etc. This is not a hearing of the Claimant’s claim, this is YOUR set aside hearing your have paid £255 for, so the Claimant directions there are completely inappropriate.  

    The least you can expect is a more urgent and quick 30 minute hearing, given CPR 13.2 applies and the claim was defectively served and MUST be set aside.  This should be a short hearing and not for the claimant to dominate.

    Ring the court and not the CCBC, obviously.  Ask to speak to the court manager if they don’t get the above issues. These standard  directions and waiting to November sound like a court clerk has treated it as a hearing of the claim.
    Ok, thank you. I felt the same tbh, will ring the court tomorrow.. This is all a very frustrating process.
  • Coupon-mad
    Coupon-mad Posts: 129,343
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    edited 26 July 2021 at 6:32PM
    Tell the court manager this should be a much more urgent 30 minute hearing for an application where a mandatory set aside rule applies and there is no reason for the claimant to be directed to do anything. 

    Those Directions don’t even seem to say how long this November hearing is? If it’s one or 2 hours that is wrong for a set aside application. 
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