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

milkybk

Coupon-mad said:

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. 

Will ring first thing in the morning and report back here.

milkybk

Spoken to the court this morning, they wouldn't transfer me to the court manager though.

The person I spoke to agreed that the letter appears completely wrong, as it should be the defendants hearing, not the claimant. They've asked me to:

1. Send through everything again, including witness statement etc. 
2. In that email I then need to explain why I believe the hearing needs to be brought forward and why it's likely a mandatory set aside (which I have already done in a detailed witness statement that they confirmed they had on file...).
3. This will then be forwarded to the relevant Judge to review, I assume at their earliest convenience. 
4. If the Judge agrees it needs to be brought forward they will let the court know. The court will then reissue the correct letters/paperwork and move the date forward, presumably moving someone else's provisional slot to a later date.

The person I spoke to confirmed no Judge has a free 30 mins until my hearing date and after that the next slots are the end of December... However he did agree that Judgement hearings normally get priority, due to them potentially crippling people financially etc. 

Will type something up after work and post it here for review. Need to keep it concise, so it's easy to digest for the Judge. I am a bit annoyed though, as all this information is readily available on my N244 application, draft order, witness statement and evidence pack. 

I've kept a positive mental attitude throughout this process but this is the part I was most concerned about, as when something inevitably goes wrong it's almost impossible to speak to the correct person to expediate the issue.

Fruitcake

As an aside, Mrs May said she was going to put a stop to this credit clamping when she was in Number 10. I suggest you write to Boris and remind him what the former leader of his party promised, ask why it is still happening, ask him what he is doing about this broken promise. and ask him when it will be sorted out.

D_P_Dance

She did nothing

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

milkybk

Email sent to the court as requested. Will ring tomorrow morning to ensure it's been received and is being processed as they stated it would be this morning. Hard to keep faith in the judicial process when it seemingly falls over at the first hurdle. Hopefully just a quick clerical error that can be rectified quickly.

D_P_Dance

Hard to keep faith in the judicial process when it seemingly falls over at the first hurdle.

Indeed, it has failed me and my family three times,  We have twice been awarded compensation for incompetence.

milkybk

D_P_Dance said:

Hard to keep faith in the judicial process when it seemingly falls over at the first hurdle.

Indeed, it has failed me and my family three times,  We have twice been awarded compensation for incompetence.

Sorry to hear that, shame it's ever required but at least you received compensation.

I spoke to the Court again this morning, was a bit of a rollercoaster conversation! The woman I first spoke to was very polite but she said they don't accept the type of email I've sent (and don't refer cases to judges etc) and that the colleague I'd spoken to the day before was incorrect. I had a firm conversation with her for about 20 minutes before asking to speak to the court manager. She put me through to a Team Leader.

I expressed my concerns to him about my letter, it's format and the date of my trial. I also said I was very concerned that my full application pack may have not been sent to the Claimant and that I'd received contradicting advise from different employees. He went away to do some digging and rang me back 30 mins later. He confirmed the letter was completely wrong and that my Witness Statement etc hadn't been correctly forwarded. He therefore personally re-did everything and a new letter is on the way to both myself and the Claimant. Initially he said he couldn't move the hearing forward, however when he rang back he had managed to pull it forward by just over 2 months to September. Obviously still not ideal but it's a significant improvement over what I had before.

He was very apologetic and personally wrote to me through email afterwards apologising (I hadn't requested him to), explaining what had gone wrong and the steps they'd taken to rectify it. This is important for me, as I like to have electronic copies of everything, rather than telephone conversations.

Coupon-mad

Very good.  It did look like an error!  

henrik777

You should always make the opposition aware of the application to save aggro over costs.

milkybk

henrik777 said:

You should always make the opposition aware of the application to save aggro over costs.

Should I email Excel my application pack? 

Another plus side - DCBL have agreed to stop hassling me until after my set aside hearing, awaiting further instructions from the Claimant.