Please review my N244 Contest set aside application from Excel Parking

Le_Kirk

As @KeithP wrote, (six-point or four-point) check other draft orders to see the format they take.  The draft order needs to be a Word document so that the judge can fill it in.

IloveElephants

Thanks Le Kirk, 

please see the below, 

DRAFT ORDER :

Upon reading the defendant’s application dated xx/xx/20xx and CCJ reference 

It is ordered that:

1.   The judgment dated xx/xx/20xx be set aside.

2.   The Claimant do pay the defendant's costs and consequential costs of the application. (I paid £185 to excel parking and £108 to the court (I paid because I was trying to look for a mortgage and my credit file has been ruined by this)

3.   Pursuant to the Case Management powers of the Court under CPR 3.4(1) and the requirement for service of proceedings under CPR 7.5(1) the Claimant's claim is struck out for want of service within 4 months of issue

4. The Claimant other CCJ against the defendant for the same case dated (reference) also be struck out. 

IloveElephants

It is ordered that:

1. The judgment ********** 2020 be set aside. 

2. The claim struck out as the claim form having not been served within 4 months of issue

3. The Claimant do pay the DEFENDANTS costs of this application on an indemnity basis. (I want excel to pay me £185 and my £108 court fees)

3.  The claim form was served (sent) to an incorrect address and the CLAIMANT had no proper basis to assert they sent the claim to a last known address, where no enquiry was made to ensure that it was still in use and DEFENDANT was "there to be found" on a simple directory enquiry check. The absence of any response to mandatory pre-action correspondence created at least the likelihood DEFENDANT had moved which therefore mandated further enquiry.

5. CLAIMANT was not entitled to default judgment having failed to comply with basic enquiries to obtain a service address and having failed to serve on DEFENDANTS usual residential address.

Is this draft above better?

What I want is for my ccj to be removed now, I want to claim my costs back form the claimant. 

Coupon-mad

I am confused. Didn't you already agree and sign a consent order that says no order as to costs?  If so, you can't act against what you already signed.  Nor can the Judge do anything about the other CCJ because that needs a new application.

IloveElephants

Coupon-mad said:

I am confused. Didn't you already agree and sign a consent order that says no order as to costs?  If so, you can't act against what you already signed.  Nor can the Judge do anything about the other CCJ because that needs a new application.

Hi coupon-mad

Please see page 3 of this thread, you will see the letters I received from excel, I paid them already out of panic as I was declined a job because of my credit report. I have not sent the n244 form yet to the court but will do today as I paid the £108 yesterday.

I will fill out today a fresh n244 form, but I need help in creating my draft order. What I want is this ccj to be removed and I want my money back that I paid to excel parking. 

IloveElephants

As for the other application I will create a separate application, but for this application I want to instruct the judge I want excel to now pay me my money back as they should have made 2 ccjs into 1 single claim. 

or

Do you suggest to carry on with this set aside, and in the other ccj claim for both costs, i.e. for this claim and the other, so I will pursue for both ccjs costs, and do not mention it for this ccj. Just hopefully the ccj for this gets removed then I can deal with the other ccj and claim for both costs at that time. 

Coupon-mad

If you signed that, it says 'no order as to costs'...did you sign it? Are you saying you haven't sent in a N244 yet for either of them?

Your delay could be your undoing because the court requires you to act promptly.  The Court may well refuse to set aside that CCJ.

This is not how to do it.

You have to do N244s pretty much immediately you find out about CCJs, as in the examples by Jack5656 and @Cyclegirl1968

IloveElephants

Coupon-mad said:

If you signed that, it says 'no order as to costs'...did you sign it? Are you saying you haven't sent in a N244 yet for either of them?

Your delay could be your undoing because the court requires you to act promptly.  The Court may well refuse to set aside that CCJ.

This is not how to do it.

You have to do N244s pretty much immediately you find out about CCJs, as in the examples by Jack5656 and @Cyclegirl1968

Hi Coupon-mad
Yes I signed my section on the right side because if I didn't sign it it would not be valid.

No I have not sent the N244 for either of them because of lack of money.  

Where do I go from here? 

Coupon-mad

Where do you want to go from here?  If you want them set aside you have to apply and hope a Judge agrees.

You've been talking about that first CCJ for months on here and we thought you'd applied. Pretty sure we told you early on about the requirement to act promptly.

The second one is a £275 fee of course. As per the worked example by Jack5656.

IloveElephants

Please see my answers for my n244 for this ccj