Help with Hearing Bundle !! (Set aside Default Judgment)

Le_Kirk

Yep, just send the part(s) that benefits you.

Coupon-mad

Yes, after all you are only required to show you have good prospects of defence and this hearing is really not about the PCN, it’s about the set aside.

bbwoi

Hi guys, last week my CCJ was set aside successfully, woo! 
Gladstone's were a no-show at the hearing. Now it is time to submit my defence. Can this be the same as the draft defence I sent already? I don't have much else to add.

Also, does anyone know how long it will take to remove it from my credit report? I want to put an offer in on a house but want to gauge when I'd finally have good credit again?

Thanks for your help so far guys.

Coupon-mad

Yes it can be the same defence, and the CCJ should be removed within the month.

bbwoi

Hi guys!

So Gladstones have sent me a claim form following the recent set aside of the CCJ. They have sent it by email this time instead of post. However, they have told me to sign in to defend myself via moneyclaim.gov.uk. Is this normal practice now?

Also, the password they have provided me 'XXXXX' just does not work. I have tried everything and have emailed them to let them know it does not work. Am I missing something?

Having tried to email Gladstone in the past and never receiving a reply, I am worried that I will miss the 14 days period to defend myself and a default judgement will be made again. Is this the only way to submit a defense? Please let me know if you know about this. I have added some screenshots below of the claim form. 

KeithP

bbwoi said:

Am I missing something?

Yes, I think you are.
The Issue Date on that Claim Form is 06/12/2019.

bbwoi

KeithP said:

bbwoi said:

Am I missing something?

Yes, think you are.
The Issue Date on that Claim Form is 06/12/2019.

I think this is the original claim for that was sent to the wrong address, they are now sending by email.
And I also within the email they have stated that they are awaiting my defence. It is surely not possible to defend this?

Coupon-mad

Why isn't it possible to defend?  You can certainly defend as the Judge directed, by sending the LOCAL COURT (not CCBC) and Gladstones) your defence, witness statement and evidence (a new WS about the PCN this time, see examples posted by @Nosy and @jrhys).

 This is normal after a set aside and the only thing they've told you wrong is to use MCOL, which you don't after a set aside.  You can't use a 2 year old password and the CCBC are not involved now anyway.

D_P_Dance

They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because of this. Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

Redx

All they have done is email a copy of the original 2 year old claim form. , It says for reference only , plus they are not your legal advisor , so don't assume that they will give you 100% accurate information

Follow the advice given on this thread , deal with your local court , copying in Gladstone's on your WS plus Exhibits plus Summary Costs assessment etc , your bundle is due with the local court and Claimant ( in this case via Gladstone's ) , within the timeframe set by the set aside judge

The MCOL website and system works for new claims , but not old ones like yours , which in any case would have ended up with your local court !

Use the Wilkinson case and the Recorder Cohen judgment in your WS plus exhibits