CCJ discovered on Credit report. Claim Form sent to old address.

mric2000

@Coupon-mad
Referring to your question about the £275...this is all very new to me and I have to admit I thought this would be brought into play during the pending/rearranged court case.
Are you saying my claim for that £275 is now out of the question as it stands?

Coupon-mad

mric2000 said:

@Coupon-mad
Referring to your question about the £275...this is all very new to me and I have to admit I thought this would be brought into play during the pending/rearranged court case.
Are you saying my claim for that £275 is now out of the question as it stands?

As I see it, very possibly. Silence about costs in the Order means there is nothing happening about your costs. That cannot be right.

Assuming the Claimant used an old address for the claim:

I would email the local court right now and point out that not only did the Order have old dates on it but it failed to award or at least reserve the application costs until the hearing and the Defendant is now left in limbo, at the mercy of the Claimant, who can just walk away costs free, should they now discontinue like most parking firms do in this situation.

Given the Claimant's unreasonable conduct set out in the application witness statement, of an old address being used and no checks being made before filing the claim (a clear breach of the CPRs and the mandatory rules in the relevant Code of Practice) costs should remain reserved and the Defendant protected from costs just falling away upon discontinuance (this cannot be a just position, due to the unreasonable conduct).

End by asking that the earlier Order (received very late) be reviewed by a Judge and amended to add that costs are reserved until the hearing, and that in the event of a discontinuance by the Claimant, the application fee of £275 paid by the Defendant must be paid by the Claimant. This is in accordance with the note in the White Book which states (at the annotation to 38.6.1): "Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(dg))."   

DO THE EMAIL NOW.

mric2000

Thank you @Coupon-mad
I'll get straight on to it.
Much appreciated

mric2000

OK, so this is still rumbling on, from the PCN in April 2018...

Thank you again to @Coupon-mad and others for your support to-date. 
The (CCJ) costs have now been reserved, thank you.

I am due to submit my renewed Defence on Monday, in response to the Claimants updated POC, which seem to be fairly well presented in terms fo content, albeit as a standard, generic document. 

My only query at this stage is that the Judge has stated that that my original Defence "is generic and is not acceptable. The Defendant must file a defence which relates speficially to the facts of the incident in this case and must not exceed 4 x A4 pages".

With the updated Defence (Aug 23) template it is coming out at 5 and a half pages. That is without me adding a great deal of context about the specific case in part 3. 

Am I pushing my luck to send a Defence that is over the requested 4 page limit?

If so, are there any specific chunks of informtion I could remove from parts 4 - 30?

Or could I take the chance and add a statement explaining I could not present my Defence in just 4 pages in light of the current Parliamentary enquireis etc?

Coupon-mad

Remove the bits quoting Will Hurley of the IPC. He's fairly irrelevant!

Change the intro paragraph into your own words so your Judge doesn't think it's the same old template. Maybe talk briefly about the CCJ set aside in para 1, to set the scene - assuming a different Judge reads it.

Use the NEW template Defence middle section with the two DLUHC links.  It changed in August.  Don't double up with the old defence. Remove repetition.

Remove the bits about inadequate PoC and asking for better Particulars, because you have them.

Add in the stuff you find when you search the forum for:

Gladstones deplorable 10.25% interest

Add in the stuff about the HHJ Murch judgment and attach a copy of it. See thread by @manooo

Remove the conclusion to save words.

Not really needed.  But use the costs bit. On a separate sheet.

Pull out that bit from the conclusion about costs and the White Book annotation quote, and put it in a separate sheet headed up 'Re the Defendant's costs - Claim number xxxxxx'

And then - on this costs sheet - under the section about the White Book, add a list of your costs - factoring in BOTH hearings - and remind the Judge that costs from the first hearing are reserved, and according to the attached persuasive judgment from HHJ Murch, the claim should be struck out and full costs awarded to the Defendant.

It's important to include an updated costs sheet NOW, in case Gladstones discontinue.

B789

Coupon-mad said:

Remove the bits quoting Will Hurley of the IPC. He's fairly irrelevant!

Change the intro paragraph into your own words so your Judge doesn't think it's the same old template. Maybe talk briefly about the CCJ set aside in para 1, to set the scene - assuming a different Judge reads it.

Use the NEW template Defence middle section with the two DLUHC links.  It changed in August.  Don't double up with the old defence. Remove repetition.

Remove the bits about inadequate PoC and asking for better Particulars, because you have them.

Add in the stuff you find when you search the forum for:

Gladstones deplorable 10.25% interest

Add in the stuff about the HHJ Murch judgment and attach a copy of it. See thread by @manooo

Remove the conclusion to save words.

Not really needed.  But use the costs bit. On a separate sheet.

Pull out that bit from the conclusion about costs and the White Book annotation quote, and put it in a separate sheet headed up 'Re the Defendant's costs - Claim number xxxxxx'

And then - on this costs sheet - under the section about the White Book, add a list of your costs - factoring in BOTH hearings - and remind the Judge that costs from the first hearing are reserved, and according to the attached persuasive judgment from HHJ Murch, the claim should be struck out and full costs awarded to the Defendant.

It's important to include an updated costs sheet NOW, in case Gladstones discontinue.

As improved PoC were served on the defendant, is it worth having the HHJ Murch appeal referenced? Would this still apply because the original PoC were deficient?

Coupon-mad

Oh good point.  Maybe leave it out!

mric2000

Thank you for your prompt feedback and advice @Coupon-mad and @B789

I spent the last day or so going through and trying to understand the updated Defence template and associate references and have now submitted my Defence, with confidence in the case I have laid out.

Ideal outcome will be a discontinuance with costs awarded. However, should it go to a hearing, I am far more certain in my case with thanks to you good people and others within this forum.

Your help is very much appreciated, so thanks again. 

B789

It's a very steep learning curve but a useful one for future reference.

mric2000

Hi @Coupon-mad and anyone else who can advise.

I have now received a letter back from the courts requesting me to pay a counter-claim fee of £70. Failure to pay this fee within 7 days means that the counter-claim will not be actioned. 

Is this standard procedure, given that I have included my costs form etc?