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

blackmath

That's an interesting comment on the interest.

Grizebeck

Ive popped it in my calander for some wording for an email complaint tommorrow

Debunked

Grizebeck said:

Ive popped it in my calander for some wording for an email complaint tommorrow

Thank you for taking the time to help. 

Johnersh

I'm late to this:

That's interesting.
I wonder what those words "if so advised" mean on the end of that sentence?

'If so advised' in fact means (translated into plain English) 'if they wish to do so' and generally flags the part of an order which is not mandatory.

I think its wrong to require an application in the described circumstances. I might try to complain again. 

I say that since I fear it most unlikely that any application will be processed without payment of a fee.

Of course what isn't clear is whether the information conveyed orally to the o/p is in fact clearly stated on the court file for the DJ to see. 

FWIW, in my view the interest provision in the preceding order is incorrect, even if I think it correct result to have excluded interest. Pofa Sch 4 defines parking charges as sums payable under a contract (which would indeed be debt).

Grizebeck

@Debunked

So get the Court managers email address and do something like the following

Dear Sir, 

I write with regards to the case that was heard in error (explain the error in bullet points and the staff who advised you of the error)

I have now received an General Order of Judgement asking me to fill out a set aside application.

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 still required, then due to the courts own error that this should be ordered to be done for a nil charge

I will be in contact later today to confirm the above steps are now being taken and the expected time scales for this

Regards,

..........

Debunked

Hello all, 

Really sorry to bother you all again, but I received this today from BW legal. Obviously the CCJ remains unpaid, because if the countless mix ups. Just wondering if I should contact them to explain what has happened also (they should know really) I spoke to the court, and things are being sorted out I believe, but I'm worried about the CCJ being put on my file. I have a remortgage soon, and if it affects that, it will massively impact my finances. 

Kind regards 

Debunked

KeithP

What happened when you wrote to the court as suggested by @Grizebeck on 2 September at 7:54AM?

Perhaps you need to chase them again.
You say you spoke to the court. Did you follow up that conversation with an email confirming what was said? If not, there will probably be no record of that conversation. You know that courts make mistakes - don't let this slip away.

Debunked

Hello @KeithP
I have just phoned the court they were not much help, although the main thing I was told, was that there is indeed an outstanding CCJ against me! 
I have complained officially (last week) and I'm awaiting a response. I was, also informed by the lady on the phone that I do indeed have to apply to vary/set aside the claim, which I do have to pay for. This contradicts what I was told last week by the other lady, who gave me the link to complain.
The application fee is as follows if the claimant agrees then its £108, and if they do not its £275. 🤯
She seemed to have limited knowledge, and I hope she is wrong.

I'm at the end of my tether with this. 

Jenni_D

So what do you have (in communications with court people/departments) in writing? Unless you or they record a phone call then there is no evidence whatsoever of what was discussed/agreed.

Debunked

I have an email with a reference number for my formal complaint, sent last week, further back I have the original email stating the case had been adjourned. The rest of my emails have not been replied to, just auto gen responses.
There have been notes of the phone conversations placed on file. But I don't have these in writing.