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

Harvez63

@Coupon-mad did you miss that bit or am I missing something? I need to get this gone I've lost half a day (my fault for seemingly not understanding which part I'm missing)
 

Coupon-mad

You are missing what they put above that, in their Draft Order, and we advised you to change it to 'served' instead of 'received'.

Harvez63

ohh what an idiot, sorry @Coupon-mad

Does it need to be word for word like "Upon the Defendant asserting he wasnt served the Claim form", or can it be more short and factual like the below?

Coupon-mad

Nope it has to be UPON (in capitals):

UPON both parties agreeing that the Claim form was improperly served, 

Harvez63

Honestly I feel like you must be hitting your head against the desk, I'm so grateful and sorry! 

OK, ready to fire?

<Email Body>

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>

CONSENT ORDER

 UPON both parties agreeing that the Claim form was improperly served,

 

It is ordered that: 

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

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

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: 

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

The Parties hereby consent to an Order in the above terms

Dated this 13 day of February 2023

Jenni_D

Don't specify a date? ... if the judge accepts the Order then they'll date it. Just use Dated XX/XX/2023

Coupon-mad

Yep.  And then it can be emailed as a Word Doc attachment to BW Legal to stick it in their pipe & smoke it!

Harvez63

@Jenni_D @Coupon-mad thank you both! its been sent 

What happens now? Hopefully they return it signed, without changing any text or counter comments and they submit to the courts?  

Then Friday I dont need to attend court? do I actually trust them to do that or if they sign, shall I send a copy to the courts to? 

@1505grandad by the way for picking up the spelling mistake on judgment 

Coupon-mad

Assume they will refuse and that you will have to attend court.

Le_Kirk

If it is not too late 

4.     The claim form be reserved re-served at the Defendants current address within 14 days of the Order being received. 

Change that as above, otherwise it sounds like "reserved" as in being kept, a table is reserved as opposed to being served again!