WIN - Another Loss for Gladstones

jaycee31

KeithP said:

jaycee31 said:

@Coupon-mad Probably a daft question but in my new WS do I make any reference to the default judgment, CCJ, set aside application and outcome?  I’m assuming so, but only in maybe one brief paragraph.

You new Witness Statement is all about the underlying claim.
The set aside is history.

Cool, I did wonder if that might be the case.

jaycee31

Another question if I may…

The original infringement and PCN were from August 2018, so is it acceptable to quote newer or more current law/cases/codes of practice from 2019 onwards?

Fruitcake

New laws and codes of practice are not retrospective, but it could be argued that their intent is, especially the proposed mandatory CoP.

Coupon-mad

Thanks for this, I hadn’t appreciated that I needed another WS, so will do.  Obviously largely a duplication of the original but with a different emphasis.

No, it's nothing like the first WS.

See examples by @jrhys and @Nosy and read the new incoming statutory Code of Practice.

Adding fake £70 debt recovery costs is now banned and that sum was described in the Ministerial Foreword to be 'designed to extort money'.  A perfectly clear steer for the courts and obviously the Minister is talking there about existing cases.

jaycee31

Sorry, another question.  The judge in the set aside hearing gave 21 days for the defence for the small claims track.  Does that start from the date of the hearing?  Is the clock already ticking even though I haven’t had the judgement in the post yet?  Does it get submitted to original court or back to CCBCQ?

Thanks in anticipation.

Fruitcake

Assume it starts from the date of the hearing unless you are told different. 

jaycee31

Fruitcake said:

Assume it starts from the date of the hearing unless you are told different. 

I haven’t even had the judgement in writing yet!  Chances are I’ll have to submit the defence before I even get that.

Fruitcake

You could always ring the court to ask what is going on.

jaycee31

Fruitcake said:

You could always ring the court to ask what is going on.

Already sent an email and got a standard response.  Helpful, eh?!

Coupon-mad

The judgement says nothing much.  You certainly don't need it to write a defence.

See the Template defence thread but don't email it to the CCBC as this is all with your local court already.

We also tell people after a set aside, to email with the defence,  a second WS and evidence (to local court and the claimant's legal team) even though the Judge never asks for that.  The system is back to front after a set aside.

This second WS is about the PCN and what happened.  See examples by @Nosy and @jrhys.

Did you get your court fee paid by the Claimamt?