Help with a CCJ Set Aside please?

Coupon-mad

Very good!

Mars28

Still waiting for CCBC to respond fully, I'll chase next week. But, I have had my first SAR back and happy to see that it fails POFA requirements, and I'm definitely not the driver!

Considering writing to CP Plus or DCBL to reemphasize the benefit to them if they decide to submit a consensual set-aside notice, but obviously now also requiring them to reimburse my costs also. Or should I keep my powder dry?

Also - are we still being encouraged to write to the DVLA to 'opt-out' of data sharing without seeking our own approval first? I note there was a lot of talk about it in 2018, but not sure if this is still considered worth while.

Thanks for all your help,

KeithP

Mars28 said:

Still waiting for NHCC to respond...

NHCC?      

Coupon-mad

Keep your powder dry, as you are now £275 out of pocket and were not even the liable party.

You can try writing to the DVLA but you will be fobbed off.

Mars28

KeithP said:

Mars28 said:

Still waiting for NHCC to respond...

NHCC?      

I meant CCBC but was thinking NortHampton County Court - too long and hot day. Will correct my post. Thanks

Mars28

Coupon-mad said:

Keep your powder dry, as you are now £275 out of pocket and were not even the liable party.

You can try writing to the DVLA but you will be fobbed off.

Thanks - will do.

Ack DVLA - figured as much but wanted to make sure there wasn't a steady campaign I should be joining!

Mars28

Chased up CCBC today as it's been 14 days since my N244 application. Apparently they are only just dealing with submissions from mid July so need to wait another couple of weeks!

Mars28

Got my set-aside hearing date now; a couple of weeks time. Excited and nervous to be getting a chance at this!

I'm planning to develop my skelly argument over the next week or so, though still waiting for some of the SARs to come back. (preparing the 7 day prompt letter this weekend).

Do you think it worth me submitting any additional draft defence to the court ahead of the hearing? I haven't been asked to, but wondered whether providing the additional SAR evidence, which reinforces the arguments I set out in my WS, would help.

P.s. Great to see a couple of wins recently!

Le_Kirk

You cannot enter a new defence unless you pay a fee.  Do you have doubts about your defence, that  it may not be good enough?  Don't forget that this is a set-aside hearing and not a hearing for the underlying issue - unless you have been told so in a letter from the court.

ab2000

Le_Kirk said:

You cannot enter a new defence unless you pay a fee.  Do you have doubts about your defence, that  it may not be good enough?  Don't forget that this is a set-aside hearing and not a hearing for the underlying issue - unless you have been told so in a letter from the court.

Iirc the op hasn't submitted a defence at all as they didn't know about the original hearing, so this is a defence for the subsequent case if the ccj gets set aside and it goes that far.

Would they have to pay a fee then as there was never one in the first place?