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

Coupon-mad

Looks great!  Bingo!

You are not out of pocket are you(?) so that puts you back in the position you'd have been in, had they properly served the claim.

I'd sign it and ping it back to BW to file with the court.  Only because courts tend to take solicitors seriously and you might just see it actioned in time...

Ask BW to file it first thing and if accepted by a Judge then to let both parties know so that the in-person hearing can be vacated and neither have to attend.

If unsure then ring the court after 3pm-ish and see if they've done it...ask "is a Judge looking at it and do I still have to attend?"  Any doubt - attend!

Harvez63

Morning All, 

I've done as above, and I will call them at 3 as suggested, thank you!

It does appear, that I am back to where I was on the 25th May 2018, which seems incredible! Especially the amount of stress and strain this has put on me, and then onto my family! 

I will thank everyone individually once I get a response back from the courts, or I come back from the hearing if it doesn't reach a Judge in time. 

@Coupon-mad I'm just going to PM you about something, some potential next steps, but I dont want to put on an open forum yet until BW legal are pegged back to square one officially. 

Harvez63

Not entirely sure whats going on at the moment, BWL did email the courts this morning with the following;

We refer to the above matter.

 We attach by way of filing a signed Consent order ahead of the application to set aside judgement hearing which is listed for tomorrow; 17/02/2023 at 14:00.

 We would be grateful if this could be printed and placed on the Court’s file for the attention of the allocated Judge. 

 Whilst no disrespect is intended to the Court, please note that the Claimant will not be in attendance at the hearing in order to mitigate costs. 

 As both parties positions are stated within the attached order, with respect to the Defendant’s Application, the Defendant is in agreement for the hearing to be vacated.  

 For completeness and clarity, the Defendant has been simultaneously copied to this email. 

We look forward to confirmation of receipt.

But the courts responded with

There is a £108 fee payable. Please provide a PBA number or call us to make payment before this can be approved.

I'm not sure what the fee is? thats BWL fee to pay, right?

**EDIT** never mind, BWL have said they contacted the courts and they should now be in the process of filing the consent order

Johnersh

Should be fine as the £275 covers the hearing fee/any order.

Well this is nicely tidied. Not surprised they refused to agree wording that stated improper service. Nevertheless, the payment of the application in full suggests that they are all too aware of how this would've played out.

Onward to defending the claim itself. 

Harvez63

ah but @Johnersh this is my weapon up my sleeve that I wasn't going to post yet until I know they submitted it, but they signed my version which read "UPON both parties agreeing that the Claim form was improperly served"

Harvez63

and the good news rolls on 

Southamptons courts just emailed "Following the Judge’s approval of the consent order the hearing listed for 17 February 2023 has been vacated."

Coupon-mad

Harvez63 said:

and the good news rolls on 

Southamptons courts just emailed "Following the Judge’s approval of the consent order the hearing listed for 17 February 2023 has been vacated."

Yay!  Hahaha!!!

Sweet Karma.

Loving the fact they refused to consent 6 months ago and have now agreed to pay £275 for the privilege of setting aside the wrongful CCJ and they are now faced with the case being heard at Southampton (a court where PPCs go to die...!).

Defence next and a possible counterclaim.  Wait for Directions or for BW to re-serve the claim form (but remember - despite how the claim paperwork will make it look -  NOT to deal with CCBC any more; your case is at Southampton throughout).

Boat_to_Bolivia

Harvez63 said:

ah but @Johnersh this is my weapon up my sleeve that I wasn't going to post yet until I know they submitted it, but they signed my version which read "UPON both parties agreeing that the Claim form was improperly served"

Harvez63 said:

and the good news rolls on 

Southamptons courts just emailed "Following the Judge’s approval of the consent order the hearing listed for 17 February 2023 has been vacated."

Nice one, well done and well deserved 

Harvez63

Thank you @Boat_to_Bolivia

I got a letter from the courts today, that was quick! 

@Coupon-mad, it would have been before DJ Grand  had him in my notes from you, that he was one of the two I wanted!

BY CONSENT IT IS ORDERED THAT

1. The default judgment entered on 8 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 only (being the cost of the Defendant's N244 application) by 4pm on 6 March 2023:
4. The claim form be reserved at the Defedants current address by 4pm on 6 March 2023:
5. The defendant do file a response to the Claim by 4pm on 22 March 2023. 

So he didn't order on point 6. Do I now message a friendly messaged to BWL with my bank details and a wink? 

I wonder if BWL will want round 2, because if they start round 2, I'll start round 3 on them

I had a couple messages from friends today wishing me luck, one of them, it turned out when he saw the name BWL he said they had done him for £300 a couple of years ago by threatening bailiffs and court action. There needs to be more awareness how to fight these muppets 

Coupon-mad

Even better that the muppets are reined in, hence my involvement in the new Code of Practice.  Need to stop most PCNs and most court claims & CCJs.