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

Harvez63

Perfect thank you

I have a feeling they will come back with my version of the Consent Order signed. It doesn't change anything in my mindset I'm still prepped and excited for Friday

Coupon-mad

And as it is so close, I feel you must attend on Friday clutching the signed Consent Order or not... because I'm not convinced there is time for the court to vacate the hearing now.

Harvez63

@Coupon-mad what would happen in this instance? I show the judge the signed Consent Order, he reads it, then concludes the hearing? 

Coupon-mad

Yes, if it's signed by both, unless the Judge sees something wrong with it (and we don't) that Order should get the agreement of the court and end the matter.

Harvez63

So getting dragged to the court essentially be a well dressed postman 

It's partly my fault, I serviced them pretty late. Giving how incorporative they where being I thought I'd stick it to them last minute not expecting any sort of corporation in return 

Coupon-mad

A postman who has to go through security (like an airport 'bag check') then sign in with the Usher and probably wait an hour or more to see the Judge...sadly yes, because I cannot see the court turning this around quickly enough.

Get there half an hour early for security and in case of any delay or queue to get to the Court Usher.

Harvez63

Well, we have a response, slightly ignored my instructions not to amend the Consent Order

"Please note that our Client has agreed to pay your application costs of £275.00 only, in order to proceed with the consent order. 

Please find attached a signed copy of the consent order.

Please advise if you will be filing the order at court and if so, I would be grateful for you to copy me into the email for our reference. 

 Alternatively, should you like me to file the consent order, please sign the attached copy and return in order for me to action this."

I like they left my amendment of "UPON both parties agreeing that the Claim form was improperly served" in

Thoughts? I dont understand item 6, are they saying the Claim will go straight to court essentially?

B789

I think item 6 is basically saying that once the claim is re-served and acknowledged, it will be referred to the small claims track. This is just a reset of the claim as though you are back at day 1, waiting for the re-served PoC.

Harvez63

@B789 ah if it’s a reset they can keep that clause in then 

@Coupon-mad are you happy with their version? 

I assume I just send on to the courts using the same email address and reference as I did when submitting the N244? How will I find out if it’s read in time or if I’d still have to go and submit in person to the judge 

Boat_to_Bolivia

Coupon-mad said:

A postman who has to go through security (like an airport 'bag check') then sign in with the Usher and probably wait an hour or more to see the Judge...sadly yes, because I cannot see the court turning this around quickly enough.

Get there half an hour early for security and in case of any delay or queue to get to the Court Usher.

CM said the above earlier. You need to attend the hearing on Friday no matter what. Don't fall at the last hurdle. All the best to you.