Phase 1: CCJ Removed. Phase 2: Claim Discontinued. Phase 3: Costs.

Coupon-mad

Gotcha, so Harvez63 leaves that bit as per the original Draft Order that the claim be re-served within 14 days.

Boat_to_Bolivia

Johnersh said:

The ppc will never agree to their case being struck out. You're not giving them a choice there - they may as well fight. 

The point is that a judge *could* order that the claim is struck and award higher costs. Naturally no-one can be sure what the court will order.

Thus the new draft order you send them at least gives the ppc the opportunity to pursue the claim after a set aside, but at the cost of doing things properly: so they'll need to pay the £275 and to agree to clear off the judgment. It's supposed to be a compromise for everyone. 

I thought exactly that, but I'm new and inexperienced in these matters, so dare not say.

I feel better for knowing I wasn't completely wrong.

Harvez63

Thanks all, I really want to get this off this morning as time is approaching quickly, so from my understanding of the above I go with;

Dear Sirs,

WITHOUT PREJUDICE SAVE AS TO COSTS

Re: your ref xxxxxxxxxx

1. My application clearly sets out why the claimant was never entitled to default judgment. They risk adverse costs at a hearing. 

2. I note that the claimant accepts the proceedings were never received, but in fact, the position is that I was never properly served. They risk strike out at a hearing. 

3. I afforded the claimaint the opportunity to agree terms prior to making the application. It now appears that they accept they are at significant litigation risk, given that my position has not changed. They will need to bear the costs of the application necessitated. 

4. I invite you to endorse my consent order (supplied) and to reimburse the costs of the application. 

<attachment>

It is ordered that:

1. The default judgement entered on 8th April 2022 be and is hereby set aside:

2. The entry in the Register of Judgements, Order and Fines be cancelled: 

3. The claim issued under number XXXXXX be struck out

4. The claimant pays the defendant the £275 for the set a side hearing on 17th Feb 2023.

5. The claim form be reserved at the Defendants current address within 14 days of the Order being received. 

Coupon-mad

You do need the necessary sentence above 'It is ordered that' and you may wish to change their 'received' to your preferred 'served' in that sentence on your Draft Order.

This is wrong, we just discussed why they won't agree to this:

3. The claim issued under number XXXXXX be struck out

Harvez63

Thank you @Coupon-mad, your relentless with helping people on here !

I'm just going to do the above changes you suggested, then get it sent off. The skeptic in me thinks they are just trying to get me to take the foot off the gas ahead of Friday, but we're see.

Coupon-mad

OK, just don't put the struck out line!  Leave it as they had it about the claim being re-served and they might agree to pay your £275.  If they don't then off to the hearing you go!

Harvez63

Heres whats going, personal info above and below cut off on purpose 

Harvez63

Just waiting for the final nod on this, not sure it need ones but I'll give it 10 minutes incase I've done something stupid 

Coupon-mad

But you still don't have the required wording above 'It is ordered that'.  You are missing wording.

I'd also change 3 to:

3.  The Claimant do pay the Defendant the sum of £275 (being the costs of their N244 application) within 14 days of the court authoring this Consent Order. 

Harvez63

@Coupon-mad I have before the 4 points "It is ordered that:", thats exactly how they set out their consent order? what am I missing 

Point 3 amended, thank you