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PCN at my place of residence in 2017!
Comments
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UPDATE:
I hand-delivered the Defence to the Romford Court as planned in June. I just received a mail package containing court confirmation that the judgment has been set aside! I am seriously, honestly, very grateful for your help and responses @Coupon-mad, and @Le_Kirk. I appreciate!
The envelope also contained a ‘Notice of Allocation to the Small Claims Track (preliminary hearing)’, stating that the judge has considered the statements of the case and allocated the claim to the ‘small claims track’. This prelim hearing is slated October.
I also woke this morning to notice that the CCJ entry on my Clearscore credit file has gone, with the notification “A Chancellor will be removed from your next credit report”.
However, no mention was made of the cost I asked for. At least not yet. Do I need to ask for it again? If yes, what is the best way to do this?
Again, I guess that Prelim Hearing would be same as before - or do I need to get documents ready this time?
Thank you again for your invaluable time.
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Great stuff!
Costs will be mentioned in the Order that says that the CCJ is set aside. What does the final point about costs say?Again, I guess that Prelim Hearing would be same as before - or do I need to get documents ready this time?It depends what the hearing Order says about evidence that the parties rely on. I would expect you to be doing a new WS bundle this month (see the NEWBIES thread for examples).PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Wow...it has been ages since you replied. Sorry I am just getting back.
Cost was not mentioned at all. I hope the judge has not forgotten.
Thank you again.0 -
You didn't ask the Judge to order the Claimant pays your costs? I suspect the Order will not grant you your costs then, because this has to be raised by you at the hearing.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Thanks for replying. I did ask during the prelim application - the judge said at the prelim hearing that he was deferring it. I asked again within the defence under 'Schedule of Costs' section. Yet, nothing.1
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UPDATE:
Today, I got a letter dated 22/9/23 in which another judge indicated that the judgment had not been set aside because 'I had not complied with the order of' the former judge. I phoned the court and was told that even the prelim hearing slated for 3 October had been de-listed!
The guy on the phone asked me if I took a photo when I was delivering it to a box I was shown - I did not, because I did not think losing bundles - submitted to the court as indicated - was a thing.
I have just emailed the court with a full narration of how we got here.
One thing I regret is not providing a copy to the claimant at the time - I also was unaware it was a requirement. The judge simply instructed at the prelim hearing that I should submit my defence by a certain date - which I hearkened to.
Next thing, I noticed that the Claimant's submission was calling for what just happened as the 'defendant had not complied' with the court.
While I wait for the next step, I really don't know what to feel or think.
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You had to 'file and serve' the defence. That means to court and claimant's solicitors.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Thank you for responding, @Coupon-mad. I have learnt that now - the judge had simply requested that I file my defence, as I recollect it. Are they now likely to put the CCJ back on?0
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No idea. The Order tells you.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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