I want to fight 2 get my CCJ set aside (Thanks to you hero's giving me confidence that its possible)

Coupon-mad

You will see in the written Order.  Did the judge know you'd paid them £277?

Jazzagi81

@Coupon-mad Yes, he did. 

Coupon-mad

Interesting.

The danger you are in is that they can now discontinue and walk away with your £277 if your Judge failed to Order that they must restore the level playing field and refund it before the final hearing.

We predict they WILL DISCONTINUE.

That leaves you needing to sue THEM for it back.

If the written Order fails to mention your £277 then I would immediately (MUST BE THE SAME WEEK) object to the Order and ask for a line to be added about the C repaying the £277 in the event that they discontinue the Claim.

Jazzagi81

@Coupon-mad I've been away for the last couple of weeks but just returned home to find the written order. It states the following:

1. The Judgment ordered 09/01/23 is set aside

2. By 2pm 24/07/23, The Court shall serve upon the defendant a copy of the claim form

3. By 4PM on 09/08/23 Defendant shall file and serve a defence

4. No order as to costs

Do you think it's too late to object and request that they add something re. the claimant repaying the £277 if they discontinue? Is it worth asking that they also pay the court fees I had to pay? 

While I could really do with the money (the CCJ has now been removed but the damage was already done and our mortgage interest rate increased by 50%, our house will be up for sale in a couple of months), my main concern is figuring out how to write, 'file and serve a defence'  

Jazzagi81

Been re-reading the newbies thread to work out how I wrote the defense. One question: I'm assuming my case is at a different stage since we already had the set aside hearing. I was thinking I just needed to write a draft defense but do I also do the following bits?:

- AoS
- Directions Questionnaire (N180) stage 
- Witness Statement & evidence and costs assessment stage.

Annoyingly, I've been unable to obtain a copy of the actual PCN (despite SAR back in March) so my only defense re. the claim atm is that I wasn't driving the vehicle. I have chased them again for the info but they are utterly useless and clearly don't take gdpr legislation seriously. 

Coupon-mad

Jazzagi81 said:

Been re-reading the newbies thread to work out how I wrote the defense. One question: I'm assuming my case is at a different stage since we already had the set aside hearing. I was thinking I just needed to write a draft defense but do I also do the following bits?:

- AoS
- Directions Questionnaire (N180) stage 
- Witness Statement & evidence and costs assessment stage.

Annoyingly, I've been unable to obtain a copy of the actual PCN (despite SAR back in March) so my only defense re. the claim atm is that I wasn't driving the vehicle. I have chased them again for the info but they are utterly useless and clearly don't take gdpr legislation seriously. 

Use the newly edited Template Defence and also read the DLUHC IMPACT ASSESSMENT discussion thread I started this week.

AOS - not applicable.

N180 - yes attach one (download it) plotting your unavailable dates for the next six months.

Witness Statement & evidence and costs assessment stage - yes do it all at once (now) with your defence that you are emailing to the local court and the C's solicitors.

Do it EVEN THOUGH THE JUDGE ONLY ASKED FOR DEFENCE.

"4. No order as to costs"

SADLY that is unequivocal - door slammed by the Judge - and means your £275 is unrecoverable.

Jazzagi81

@Coupon-mad Thanks for the detailed steps, appreciate it! 

I’m wondering if it’s worth all the effort though. What are the potential outcomes here? 

I lose - I already paid so doesn’t make any difference.

I win - I can’t recover the costs so doesn’t make any difference. 

Is that about right? 

Coupon-mad

It is worth the effort and a Judge has ordered you to supply a defence to the PCN.  Therefore it is back in play - but we expect the C to discontinue.

If you win you won't have to pay the claim (you say you already paid - do you mean you paid the claimed sum?).  That was a mistake.

But YOU MUST do what the court says.

Jazzagi81

@Coupon-mad Sorry, I wasn't clear, I know I have to submit a defence, I just wondered if it's worth doing the N180 and TheWitness Statement & evidence/costs assessment. I have read through them and I find it all so confusing, the thought of going to court and potentially having to answer questions about what i put in them causes me massive anxiety.

Yes I already paid the £275 to Gladstones for the CCJ and then £250 (or whatever it was) to CCBC for the set-aside application. 

I am very aware that it was a mistake to pay them, I'll never do that again, and I've told everyone I know to not do that if they ever find themselves in the same situation.

But it's done. And if there is no chance of getting anything back, or causing inconvenience/discomfort for them, then I don't see the point in doing anything other than the bare minimum at this stage. Which is submitting a basic defence saying I wasn't the driver and leaving it at that. 

Jazzagi81

I achieved what I needed to achieve, thanks to you and all the other heroes in these forums, I got the CCJ set aside. It's been an incredibly stressful time and if there is nothing more to gain then I'd be happy for them to discontinue and I can put it behind me and move on.