New direction questionnaire from a stayed case in March 2020!!

Debunked

Coupon-mad said:

That Draft Order isn't right.

You don't want the costs reserved.

The Claim wasn't defectively served.

I'm really confused by the 6 point draft order in my case. Because they are all aimed at the claimant, but mine is aimed at the court because of the mistake. So all the points about claimant do not seem valid.
I hope that makes sense. 

Coupon-mad

They are not valid. 

You don't need to do a 6 point draft Order.

Just a Draft Order stating what you want the Judge to Order and why.  In your case if's nothing to do with the Claimant or what they did.

Just write out a WS that says what happened in your own words.

Then create a Draft Order in the STYLE of others seen here (e.g. the word 'UPON' is in capitals. etc.) but the points - which may not be six - will be saying completely different things than we normally see here: what the Judge should be ordering and why.

Debunked

OK something like this.

DRAFT ORDER

IN THE COUNTY COURT AT: LUTON

PREMIER PARK LIMITED (Claimant)

And

xxxx (Defendant)

CLAIM No:xxxx

IT IS ORDERED that:

1. The default judgment dated 07/07/22 be set aside.

2. Application costs to be refunded.

3. The CCJ to be cancelled

4. A new hearing date be brought forward, so both Claimant and Defendant can attend. 

Coupon-mad

No it needs to start like a real order from a Judge does. Here's one (a bad order, but this is what one looks like):
https://forums.moneysavingexpert.com/discussion/comment/79502755/#Comment_79502755

So the narrative might start:


UPON the application of the Defendant and UPON noting that the Defendant was incorrectly informed by court staff that the hearing on (add the date) was adjourned and he was not required to attend, IT IS ORDERED that:

Debunked

Hopefully now this is correct, I know it will read 'amatuerish', but I am indeed that when it comes to these matters. Thanks @Coupon-mad for your patience 

DRAFT ORDER

IN THE COUNTY COURT AT: LUTON

PREMIER PARK LIMITED (Claimant)

And

xxxx (Defendant)

CLAIM No:xxxx

DATE: 25 September 2022

UPON the application of the Defendant, 

and UPON noting that the Defendant was incorrectly informed by court staff that the hearing on 7th July 2022, was adjourned and he was not required to attend. 

IT IS ORDERED that:

1. The default judgment dated 07/07/22 be set aside. Pursuant to CPR 13.3

2. Application costs to be refunded. Or there be no order in respect of costs in respect of this application. 

3. The CCJ to be cancelled. Pursuant to CPR 13.3

4. A new hearing date be brought forward, so both Claimant and Defendant can attend. 

Dated 25 September 2022

Coupon-mad

Remove these as they are incorrect:

"Pursuant to CPR 13.3" (remove twice)

"Or there be no order in respect of costs in respect of this application."

Remove number 3 as well because that's already stated in 1.

Change 'brought forward' to 'The Claim be relisted for a hearing on the first available date'.

In your N244 form state clearly any dates up until the end of 2022 that you cannot attend for the relisted hearing.  You don't want it relisted to a date you can't make!

Now let's see your WS...

Debunked

@Coupon-mad

WITNESS STATEMENT

1. I am xxxx and I am the defendant in this matter. This is my supporting statement to my application dated 25/09/2022 requesting to:

a. Set aside the default judgment dated 07/07/2022 under section 13.3, as it was defectively served, after an admin error by the court. Contacting me by email adjourning the hearing, but forgetting to take the case off of the list of hearings for the judge that day. See exhibit CL1. I also phoned the court on the morning of the 7th September to check again that it was indeed adjourned, and was informed by the person on the phone that it was no longer going ahead. 

b. Order for the court to reimburse the defendant £108 as reimbursement for the set aside fee.

c. The outstanding CCJ order to be retracted. 

2. Evidence for order to be set aside.

a. I received an email at 1:24pm the day before my hearing informing me it was cancelled, as there was no judge to hear the case. Exhibit CL1.

I had already phoned in the morning of the 7th to receive that information, the email had unfortunately escaped my attention until after the call. It did not help me that I had already taken a day off of work. 

I then received an order on the 8th August from a District Judge, dated the 7th July, settling in favour of the claimant. Exhibit CL2.

The hearing hadn't been cancelled and went ahead on the 7th July without myself or the claimant being present. This was an error by a member of staff at the Court who forgot to cancel the hearing officially. 

This then lead to me having to travel to the justice centre on the 15th August, to speak to someone in person, because my emails were not answered. Once there I was reassured that it would be sorted out and the case reopened and a new hearing date found. 

I have now received a General Order of Judgement dated the 30th August. Exhibit CL3. Asking me to fill out a set aside application. 

 

b.The judgment takes into account the claimants evidence only, and not my defence and witness statement filed with the court on the 5th January. I have many points in my defence, and WS that would be excellent challenges to the claim made against me.

 

c. I now have received a live CCJ on my credit file, through no fault of my own.  I have made continued attempts to contact Luton court manager by email, also including another trip to the court, on the 15th september to speak directly to somebody. I have received no contact from my official complaint filed on the 7th September, ref:32902951.  I have received no reply from several emails to Luton court, Court manager about this. Exhibit CL4 

I am in contact though with my local MP who is helping me. They have written a complaint also. 

 

d.This fiasco is entirely down the maladministration of the courts and given this serious error I require that this is put in front of the senior/administrative judge for the local court.

If a set aside application is required, then due to the courts own error that this should be ordered to be done for a nil charge, or myself be reimbursed

Coupon-mad

Much better!  WS must have a statement of truth and your signature and date of course.

I would add an extra paragraph about you trusting that the Judge reviewing this application will agree that this situation must be put right urgently, in order to meet the overriding objective to deal with cases justly. 

But remove this as your case has nothing to do with CPR 13:

"under section 13.3,"

Debunked

Excellent thanks @Coupon-mad, I will get everything together and hand deliver to the court on Monday morning. 

Debunked

Just double checking I don't need to add my defence so I? It's again, not relevant in this application.