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

Umkomaas

Why not?  It can't harm your position.  But don't expect anything miraculous as it seems claimants are more leniently treated than defendants in such matters. 

Le_Kirk

bbwoi said:

Just before I send this off, I need your help please! I noticed that the Order from the court said:

"Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on 22.9.21, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim be struck out."

But Gladstones sent me the claim form on 24.9.21, 2 days later. Should I mention this? 

I am sure @Coupon-mad would suggest you contact the court and ask for it to be put before a judge that the claimant has failed to adhere to a court order and ask for the claim to be struck out and your costs (including the £255) to be repaid.

bbwoi

Le_Kirk said:

I am sure @Coupon-mad would suggest you contact the court and ask for it to be put before a judge that the claimant has failed to adhere to a court order and ask for the claim to be struck out and your costs (including the £255) to be repaid.

Thanks! Just emailed the court to say exactly that, hopefully something comes of it!

Coupon-mad

Le_Kirk said:

bbwoi said:

Just before I send this off, I need your help please! I noticed that the Order from the court said:

"Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on 22.9.21, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim be struck out."

But Gladstones sent me the claim form on 24.9.21, 2 days later. Should I mention this? 

I am sure @Coupon-mad would suggest you contact the court and ask for it to be put before a judge that the claimant has failed to adhere to a court order and ask for the claim to be struck out and your costs (including the £255) to be repaid.

Too right, in any case, especially where there is a legally represented Claimant.  According to the OP's account, there seems to be a flagrant breach of an 'Unless' Order that says you WILL get your costs back and the claim WILL be struck out.

bbwoi

Hello Everyone,

Sorry to bring this back up after so many months. I had an update that I would like to share / receive your thought on.

• My CCJ was set aside last year. I then had to submit a defence for the original parking claim along with a witness statement and draft order.

• Although Gladstones failed to respond to the court order in the specified timeframe, the court ruled that the claim would not be struck out. 

• 4 months later and I have now received another order from the court. I must submit a defence to the court, or I will be debarred from defending and the claimant will be at liberty to enter judgment without further order. 

My question is:

1. I have already submitted a defence previously, along with my WS etc. It is saved HERE. This defence already says everything I wanted to say. Can I simply resubmit this?
2. Also, it doesn't say I should send anything else in, such as a WS. I assume this is no longer needed?
3. And finally, does this mean there will be no hearing? It is all soo vague!

Thanks again for any thoughts, guys.

I appreciate it

Coupon-mad

I can't see that link but would send that defence again, plus a WS and exhibits.  Base your WS on the one by @ricky_balboa

Le_Kirk

I can open the link and can see that it is an "own space" defence but it is using the older template.  Now that you have been given the chance to submit a defence, use the newer template and add your parts about the "own space" (there are some guidance points in the NEWBIE sticky second post about own space defences).  Your witness statement should back up and support, with evidence, what you state in the defence and you have been given a good starting point by @Coupon-mad.

bbwoi

Hi all,

Thanks for you ongoing support into all of this. I now have an official court date where I will have to make my defence against the parking company.

The problem is: it is on my birthday and I have already made plans to be abroad! I know it is silly, but it is a big milestone birthday and after a tough few years, I just wanted a day that felt special. I certainly didn’t imagine spending it in court!

 Is there any way to change the date? I’m worried that after all this time, it’s now the final hurdle and I’ll ruin it. The document that they sent only specifies that you can chose to not attend. But I think I’d rather just change the date, I’d have too much anxiety if I’m not there?

Umkomaas

Did you not put this date as one on which you were not available in the Directions Questionnaire (N180) you returned to the CCBC?

The last thing you want is a non attendance and a hearing 'on the papers' - every one of these we have seen here has resulted in a loss, and in one case this past week the Defendant was loaded with extra costs for 'unreasonable behaviour' for not turning up (despite his prior notice to the court). Now any birthday enjoyment is going to be severely dented if this happens to you. 

Contact the court (the one at which the hearing is scheduled, not the CCBC) and ask the possibility of a change of date (not an 'adjournment').  Do this in writing - although you might want to test the water by phone first (if you can ever get through!) - but subsequently confirm in writing.  There is no guarantee the court will agree to change, but don't ask, don't get. 

How far away is the hearing date?

B789

URGENT

The OP should remove the copy of his credit report in the link to the documents. It is obvious, now, that the OP's "milestone" birthday is his 30th and what date the hearing is. He should delete the report from the link as it makes the obscuration in the copies of the statements etc. irrelevant as his name, date of birth, address, previous addresses, who he banks with, which credit cards etc he holds ad his record of payments and so on.

Delete that asap. It may be too late but less scrupulous readers could have stolen your identity by now.

PS> I've PM'd the OP but if anyone else has editing/mod rights, it may be worth deleting the link altogether.