CCJ - FIGHT FOR OUR RIGHT!!

Umkomaas

Coupon-mad said:

I'd remove this word "Unfortunately".

And 'Kind regards'. They are trying to shaft you and you're offering them your kind regards. It's a very serious business letter - 'Dear Sirs/Your faithfully', nothing else!

GlassRoof36

UPDATE

I've prepared my electronic hearing bundle and will be sending it to the court and VCS this week.

It contains my draft order (Word) and one consolidated PDF which includes:
Index
Witness Statement
Exhibit List
All exhibits including case transcripts from the '4 months past' argument
Costs assessment
Draft defence 

The only thing missing from my bundle, which was requested by the court, is a case summary, does this matter??? 

I also want to double check that it is acceptable for each party to send their own bundle to the court??? 

Thanks

Coupon-mad

Yes that's all fine.

You could always head a page CASE SUMMARY and state that this hearing is for your application to set aside a CCJ which arose without your knowledge as a result of an improperly served claim.  The Defendant further avers and provides four supporting authorities that explain the point that the entire claim is dead and must be struck out by the court, whereby there is no legal route to reinstate it in the absence of any application from the Claimant to extend the life of the (known to be) unserved claim.

GlassRoof36

Just sent my hearing bundle over to the courts ready for next week...nerves are kicking in now!

I know these next questions are probably impossible to answer but what points from my case do I need to really be clued up on for the hearing? Which are my strongest arguments? What do I need to make sure I can vocalise? All of it ideally I imagine haha

Admittedly, I can't say I fully understand the '4 months dead' argument yet so that is this weekends homework.

Also lately I've not seen many people getting their costs back. This is my main reason for taking it all the way to the hearing as I could really do with that money back!! How do I address this in court??

Thanks everyone in advance!

GlassRoof36

Some guidance on the above would be greatly appreciated!!!

GlassRoof36

My hearing is in 2 days 😬

Coupon-mad

I think because you've read recent court reports from set aside cases, you are as prepared as we would be.  Not sure we can add anything!

KeithP

Have you seen this video?...

www.youtube.com/watch?v=n93eoaxhzpU

Just three or four people sitting round a table having a discussion.

That video was made a few years ago and most hearings nowadays seem to be via telephone or video link.

GlassRoof36

UPDATE

My hearing was on Thursday at 10:30. I got a phone call at 10:20 saying the court were having technical difficulties so my hearing will be pushed back.

@ed off haha. Lost out on £80 for a morning off work for nothing.

Then this morning I received a letter from the court saying the following…

“Before District Judge Royle sitting at the County Court at Leeds, Leeds Combined Court Centre, The Courthouse,

1 Oxford Row, Leeds, LS1 3BG.

UPON the hearing of the application to set aside judgment not proceeding due a technical fault with the teleconferencing system

AND UPON one or more parties being unavailable to be heard later the same day

IT IS ORDERED THAT
1. The judgment is set aside under r. 13.3.

2. The claim is struck out pursuant to CPR r.3.4(2)(a).

3. No order as to costs.

4. If this order was made as a result of a without notice application or on the Court's own initiative and if you object to the order, you may make an application to have it set aside, varied or stayed provided the application is made within 7 days of service of the order”

Obviously great news! But I really wanted my costs back! £275 + the amount of time I’ve put into this is a lot for me. How do I try and get the money back now??

Thanks!

Coupon-mad

You'd either have to apply to have the Order set aside and a hearing held for costs.

Or you could sue the parking firm for it.