DCBLegal

FrequentOverstayer

KeithP said:

FrequentOverstayer said:

I have to have a defence in by 4 PM tomorrow so do you think its okay to send Defence and WS separately or should they go together alongside the costs?

Only your Defence gets filed now.
Witness Statement, Costs Schedule and evidence come later - once the case has been assigned to a hearing court. All that is explained in the NEWBIES thread.

Thanks, Keith, I have also placed on record in the body of the defence email that the claimant has not paid the costs from the previous hearing as ordered by the County Judge. CC'd in the Claimants solicitors also... 

What a joke this is and I am sorry that I have to continue to badger you guys for advice

KeithP

Sorry to maybe have misled you, but when I made my post I didn't realise this was a set aside situation.
I edited my post a couple of minutes after making it to remove the last few words because the case won't be 'assigned to a hearing court'.

FrequentOverstayer

@KeithP
All is well, thank you for your support.
I was ordered by the judge to submit a defence prior to the 20th at 4 PM and I have done.
I held my part of the bargain here and the claimant must do theirs (they have been CC'd) also.

I did have one question, I was successful at the Set aside hearing 14 days ago but the Default judgment still appears on my credit report, I have asked the court for the order on file so that I can send it to the registry I was wondering if this is standard practice from your experience 

KeithP

FrequentOverstayer said:

I did have one question, I was successful at the Set aside hearing 14 days ago but the Default judgment still appears on my credit report, I have asked the court for the order on file so that I can send it to the registry I was wondering if this is standard practice from your experience 

The 'commercial' credit reports do often take a couple of weeks or so to reflect the real situation.

The definitive record is TrustOnline, but you do need to pay to check it.

Coupon-mad

You do need to send a WS (in support of your defence, with exhibits).  Like the bundle seen in the thread by @aphex007

And a costs assessment too, stating that you require a costs hearing even if the Claimant discontinues, because they are already in default of the first Judge's costs order (from claim number xxxxxx) and both cases are about the same facts and issues, so the second claim should never have been filed let alone caused a CCJ and your wasted £275 in court fees to set it aside, plus loss of leave/salary for attending three (four?) hearings for these two duplicate facts claims.

Is this the one with the Judge who might not have covered the matter of costs in his written Order when setting aside this CCJ? Have you got that Order yet?

FrequentOverstayer

Hi @Coupon-mad

My set aside hearing was remote on 6th October.
Although not received in writing there was 2 orders off the back of the last hearing.

1 - CCJ set aside and claimant to pay £370 in costs to defendant (£275 set aside and £95 loss of earnings) within 14 days

2 - Defendant to issue a defence on or before the 20th of October 4PM to the original claim.

I have reminded them of this fact in the body of the email attached with my defence as DCBL didn’t pitch to the hearing either. Failure to receive the funds tomorrow means they are now late on their payment.

I have issued my defence today and I have a draft WS with a new updated cost assessment ready to be issued tomorrow. The new WS stresses the signage evidence and complaints from other people who have parked in this car park. I’m hopeful DCBL discontinue and I can claim no liability for further costs, it’s them who continue to waste the courts time not me 

KeithP

FrequentOverstayer said:

Failure to receive the funds tomorrow means they are now late on their payment.

I don't think that's quite right.

Firstly, if there was no Claimant's representative at the hearing then they cannot reasonably be expected to comply with any Order until they see that Order.

Secondly, a court always allows five days for a document to be served.

So, adding those together, the Claimant has nineteen days from the date of the Order - and we don't even know the date of the Order - to comply with that Order.

Coupon-mad

Ah, glad to be reminded you got an order for costs to be paid.  Well done!

I was muddling your case up with a concurrent one where the Judge didn't say either way, which that Defendant needs to try to object to and get their costs reserved until the final hearing.

FrequentOverstayer

KeithP said:

FrequentOverstayer said:

Failure to receive the funds tomorrow means they are now late on their payment.

I don't think that's quite right.

Firstly, if there was no Claimant's representative at the hearing then they cannot reasonably be expected to comply with any Order until they see that Order.

Secondly, a court always allows five days for a document to be served.

So, adding those together, the Claimant has nineteen days from the date of the Order - and we don't even know the date of the Order - to comply with that Order.

I will call the court tomorrow to confirm the order in it’s entirety as you raise a very good point 

FrequentOverstayer

Court Order was received today, DCBL reached out for payment details of the costs I incurred. At least I am getting these back

Signed off their email with "We also confirm receipt of your new Defence. We will await further instruction from the Court regarding a new hearing date for the Claim"

Looks as if they feel they have a case, is it normal for Set Aside cases to go the 2nd round?
I am worried that a loss at this stage will result in a CCJ and further costs