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

fb1969

Postie here to clarify things.

Signed For (which most people still call Recorded, even we do) items are delivered with a signature of the postie.  BUT if they are done to the correct procedures (which isn't always the case) the name of the person receiving the item should be input on the PDA, and they should be asked if they are happy to receive the item.  I know it doesn't always happen like that, but if it was me doing it then it would be!  If done correctly the signiture should be "xp1".  The PDA does take GPS info on where the item was scanned, this information is only available for a short period of time - it has been available to the public but has been withdrawn as there are potential security issues which Royal Mail has overlooked.  Checking on the Royal Mail website for delivery information may show that a map is available. 

I have often delivered two identical letters to people, one Signed For and one not. I assume this is done in case the recipient refuses to accept delivery for the Signed For, as Proof of Postage would deem he other one was delivered.  IMO this is a better idea as is it goes to court, their refusal to accept one item could count against them if the other is deemed deivered.

Fruitcake

fb1969 said:

Postie here to clarify things.

Signed For (which most people still call Recorded, even we do) items are delivered with a signature of the postie.  BUT if they are done to the correct procedures (which isn't always the case) the name of the person receiving the item should be input on the PDA, and they should be asked if they are happy to receive the item.  I know it doesn't always happen like that, but if it was me doing it then it would be!  If done correctly the signiture should be "xp1".  The PDA does take GPS info on where the item was scanned, this information is only available for a short period of time - it has been available to the public but has been withdrawn as there are potential security issues which Royal Mail has overlooked.  Checking on the Royal Mail website for delivery information may show that a map is available. 

I have often delivered two identical letters to people, one Signed For and one not. I assume this is done in case the recipient refuses to accept delivery for the Signed For, as Proof of Postage would deem he other one was delivered.  IMO this is a better idea as is it goes to court, their refusal to accept one item could count against them if the other is deemed deivered.

Thank you for this useful information, especially the last paragraph.

Also, thank you to you and all the other Posties who have kept us sane during the last eighteen months.

milkybk

@fb1969 thanks for the info mate, very helpful.

Umkomaas

👍 +1, +1 👆👆 

milkybk

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! 

milkybk

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

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

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.

milkybk

Coupon-mad said:

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

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.