Set-Aside Hearing Tomorrow....need help!

Le_Kirk

Le_Kirk said:

Your title in the opening post stated set-aside hearing tomorrow, that is now today - are you at the court now?

Chloe_Meow said:

No, have a little time

Is it today though?

Chloe_Meow

Had my set-aside hearing on Tuesday. DCBL did not turn up. As C-M stated, I expected it to be an in and out affair with the hearing only being a matter of minutes BUT it turned out to be a full set-aside hearing lasting almost the full allocated 30 minutes. Why? because the Judge did not have the 'consent to set aside' from the Claimant. Neither could the Judge find it on the computer as having been filed. However, the Judge gave the absent claimant the benefit of the doubt by suggesting that the system or process for filing is prone to delays in visiblity. That irked me a little since DCBL emailed me on the 17th February stating that they had already filed the Draft Order consenting to a set aside. It was now, 4th April and there was no visibility of it in court. Surely, the court is not such a behemoth of a machine where things just get lost and disappear and this is taken for granted?! My paranoia is returning full throttle.

Anyway, the hearing. Handed my Draft Order to the Usher to give to the Judge. I would suggest asking the Usher if the Claimant has already turned up and to identify them if they're nearby. You can make use of this info how you wish,perhaps apply a little behavioural psychology, but it does help when sitting and waiting. Otherwise, you'll be guessing who the claimant side is with every stare you catch.

The Judge was wonderful, made me feel comfortable. Because she did not have the Claimant's consent to set-aside, we went through the argument for why the LBC was not received and established that the Claimant's actions were bizarre since they had my current address having dipped into DVLA, yet still sent to a different address. I tried to emphasise this as unreasonable behaviour and even dared to imply the same when it came to the 'missing' Claimant's consent to set-aside covering letter and draft order, but the Judge batted for them. After the Judge accepted that I had proven my case for set-aside, she asked about my claim that the Claimant had consented. I then produced a copy of the Claimant's covering letter and draft order. She said, had she received this from the Claimant sooner, she would have phoned me to say 'no need to come in'. However, I don't mind that I did because of the experience. Also, I got to milk the dates a little. She was about to pen 14 days for me to submit a defence when I said those immortal words..."Please,can I have some more?", "More?! How much do you need?", "What's the max?", "However much you want, but typically 4 weeks", "OK, I'll take dat". She also extended the time for the Claimant to file the Claim Particulars which would then bump my start-time. If all else failed, I would have just paralyzed the Judge to have my way by saying the even more immortal words..."Coupon-Mad iz my fwend!" but I didn't have to on this occasion, probably save it for my Defence.

Summary, according to the Judge, CPR 13.2 applies and CPR 13.3 most definitely applies. Whether this is because I also brought up my concerns for the additional £60 charge, I don't know.

Thank you to everyone here MSE who contributed especially Coupon-Mad. I now need to start thinking about my Defence unless DCBL respond with a discontinuance.

Fruitcake

Phew! Well done.

It seems very unfair to me that claimants get the benefit of the doubt and are allowed to resubmit documents or submit them late, but woe betide a defendant who is a day late and gets a decision against them.

Anyway, you are in the right place and will get all the help you need to fight this. It is still not too late for Plan A by the way, a complaint to the landowner and your MP.

Coupon-mad

Well done, CCJ set aside.

Snakes_Belly

Well done.

"I would suggest asking the Usher if the Claimant has already turned up and to identify them if they're nearby. You can make use of this info how you wish,perhaps apply a little behavioural psychology, but it does help when sitting and waiting. Otherwise, you'll be guessing who the claimant side is with every stare you catch."    Love ir

It's quite fun to bait them. A bit like a verbal haka.

https://www.youtube.com/watch?v=yiKFYTFJ_kw

Chloe_Meow

Hi all. I just want to give an update. I recently received the court order following the set-aside hearing. it states:
1) Judgement entered on XX XXXX 2021 is set aside
2) The Claimant is to send to the Defendent and the court full particulars of Claim by  4:00pm on 2 May 2023
3) The Defendent is to send to the Claimant andthe Court his Defence by 4:00pm on 30 May 2023.

Now, I received the PoC from DCBL today (05/05/23). Haven't DCBL already breached the Court Order? What can I do about this or is it not a big deal and to be expected? Along with the PoC, DCBL have also sent a 'response pack', consisting of Acknowledgment of Service N9, Admission N9A, Defence and counterclaim N9B but no 'notes for defendent'.

1) In case I make the same mistake again, can someone point to the correct threads I should begin looking at.?
2) Also, what are the deadlines I need to get the response pack completed and sent?
3) Do they have to be posted or can it be scanned and emailed?

I know the answers will be in the Defence threads but I just want an early heads-up, if someone would be kind enough to give me a quick idea so I can begin allocating time.

I'm currently in the queue waiting to speak to the ocurt and iform themI've only just received the PoC from the Claimant - I really don't know if it's the right step.

Le_Kirk

Look at the standard defence template, one of the "sticky" announcements on the front page of the forum.  Your deadline has been given by the judge: -

3) The Defendaent is to send to the Claimant and the Court his Defence by 4:00 pm on 30 May 2023.

You could mention when/if you have to do a witness statement before the hearing, that the POC were late and the claimant was in breach of the judge's order!

Boat_to_Bolivia

You do not need to do anything with what DCBL has sent you.

You just need to write your defence and email it to the court before 30th May.

KeithP

Chloe_Meow said:

2) The Claimant is to send to the Defendent and the court full particulars of Claim by  4:00pm on 2 May 2023

Now, I received the PoC from DCBL today (05/05/23). Haven't DCBL already breached the Court Order? What can I do about this or is it not a big deal and to be expected? 

I'm currently in the queue waiting to speak to the ocurt and iform themI've only just received the PoC from the Claimant - I really don't know if it's the right step.

I wouldn't bother about that.
A Judge would probably say something like "How has that inconvenienced you? You still have the best part of a month to file and serve a Defence".

Chloe_Meow

Thank you Le_Kirk. Just got off the phone with the court - didn't really get direct answers, left confused.
1) Yes, DCBL did breach Judge's order and I can ask for the case to be struck but Court may allow it for any number of reasons, but worth raising.
2) DCBL sent the response pack when it should be the court. No 'notes for defendent N1C' included.
3) Forms can be emailed to the court and Claimant copied in.
4) All forms in response pack work with 14 day return rule, but Judge's order for the 30th May supersedes.However, whether the Ack of Service is still required to be returned within 14 days, I didn't get a straight answer. According to the court agent, I don't need to send the Ack of Service becasue it's already going to the Defence andthe fact it's gone this far is acknowledgement in itself. I was not satisfied with this response. So, I'm still unsure if the Acknowledgement of Service form should be sent within 14 days, up to 30th May or if even at all???