6 PCN's and a historic CCJ

63realfan

Coupon-mad said:

No it's them covering their backs.  In fact that's almost reasonable as a response.

Anything to worry about?

Coupon-mad

Not at all.

The fact they've confirmed they have put the address right now helps prove they sat on an old address until now.  It would have cost them from 28 pence to a couple of quid to do a soft trace.  The DLUHC's draft Impact Assessment from August, confirms it can be done for under £1.50 and is expected in parking cases, before litigation.

63realfan

Coupon-mad said:

Not at all.

The fact they've confirmed they have put the address right now helps prove they sat on an old address until now.  It would have cost them from 28 pence to a couple of quid to do a soft trace.  The DLUHC's draft Impact Assessment from August, confirms it can be done for under £1.50 and is expected in parking cases, before litigation.

Excellent. He’s finally received a date for the other claim. They’ve instructed it’ll be via online like I had. So he’s got one in person & one online. Is it best to email the courts & cc gladstones solicitors in asking for the two cases to be hard at the same? What I’m confused about, can my friend use both witness statement & draft order for both cases on the day? 

Many thanks 

Coupon-mad

Two separate set aside hearings and he's paid £275 x 2 (remind us)?

63realfan

Coupon-mad said:

Two separate set aside hearings and he's paid £275 x 2 (remind us)?

That’s correct. Can he not asked to have both done at once? He’s got one early feb via online link & one in person end of February? 

63realfan

Can I just add, the letter he received for a court date in December was for “allocation to the small claims track”. A few weeks later for the other claim he’s received an online court date & this is labelled as “notice of hearing application”

63realfan

Coupon-mad said:

Show us that Order. It sounds incorrect.

Unless this is the second hearing after the CCJ has already been set aside?

For a CCJ set aside case (first hearing), the Defendant's £275 x 2 has paid for two hearings and there is no fee for the C to pay.

I think he should EARLY NEXT WEEK (before the courts close for Xmas) email the local court and point out there are two applications that should be heard together AND the attached receipt shows £550 in total has been paid by the Defendant, so the Hearing Order is in error on two counts:

1 - it should refer to the two claim numbers (xxxxxxx and xxxxxxx) and should allow at least 1 hour

2 - it should not state that either party is required to pay a hearing fee.

Copy in the solicitors.  He has to.

This is what you said on it before but I didn’t mention that it’s gone down small claims route, does it make a difference? 

Coupon-mad

I don't know what you mean "I didn’t mention that it’s gone down small claims route"?

I thought these are both first hearings to deal with your friend's 2 set aside applications?

63realfan

Coupon-mad said:

I don't know what you mean "I didn’t mention that it’s gone down small claims route"?

I thought these are both first hearings to deal with your friend's 2 set aside applications?

They are first hearing for 2 set aside applications. They’ve assigned one to “small claims route” and one for an online hearing. I wrote an email for him to send to the local courts to ask for both to be seen together and this is what he’s received back - 

Good afternoon,

 

After looking at your case file I can see that the hearing notice on case XXXXX of the 04/01/2024, has no mention of a hearing fee that needs to be paid, I have re-attached for ease. I can confirm this hearing is to hear the application you made to set aside the judgement. 

 

For case XXXXX, I can confirm that a hearing is yet to be listed for this, it is currently with our listings team awaiting a hearing date. If you wish for these to be heard together you can raise this at your upcoming hearing – it is the Judges decision as to whether these be heard together or not.

 

 

Kind regards,

XXXXXX

What are the courts playing at? 

Coupon-mad

What a waste of court time!  And his 2x money.

Don't forget to ask for his £275 fees to be ordered against the Claimant at the end of these hearings, otherwise that fee x 2 is shouldered by him.   He must ask and if not awarded they must be RESERVED.  He needs to know the terminology.

Has he done the Justice Committee Inquiry?  Extended deadline, closes on Wednesday:

https://committees.parliament.uk/work/7972/work-of-the-county-court/