Multiple CCJs decided in default - set asides and defences

AngryWatermelon123

Coupon-mad said:

AngryWatermelon123 said:

Just wanted to share a quick success here, had another one of the claims set aside for my partner today, with all costs awarded and consolidation agreed, due to be arranged at the final hearing for the fourth claim. The judge was very sympathetic to our situation. 

Many thanks to this forum for all the advice and confidence!

I suppose for now, the battle is won but the war is not over, looking forward to the defence.

That's great news!

P.S. 
I got your pm but this week is madly busy and I'm soon away for a long weekend till Monday.  Hope to come back to you next week if you can wait a week?  

Absolutely, thank you and have fun on your weekend away!

AngryWatermelon123

Another quick update to say we've had another set aside granted in court today. As it stands right now, for my partner, 4 out of 4 have been set aside and consolidated into 1 claim, 2 with costs, including solicitors costs. On to the defence now

Le_Kirk

AngryWatermelon123 said:

Another quick update to say we've had another set aside granted in court today. As it stands right now, for my partner, 4 out of 4 have been set aside and consolidated into 1 claim, 2 with costs, including solicitors costs. On to the defence now

Well done, can we take it that costs were awarded in your favour?

AngryWatermelon123

Le_Kirk said:

AngryWatermelon123 said:

Another quick update to say we've had another set aside granted in court today. As it stands right now, for my partner, 4 out of 4 have been set aside and consolidated into 1 claim, 2 with costs, including solicitors costs. On to the defence now

Well done, can we take it that costs were awarded in your favour?

Yep, that's right 

AngryWatermelon123

Hi everyone, 

A rather late, however positive update for my monster of a case 😀

As it stands right now, both my partner's and my ccjs have been set aside in October last year. 5 out of 7 of these were awarded costs.

We prepared defenses and witness statements and my partners case was listed and won in February this year. His case was awarded costs as well, I even acted as a witness in his case and received compensation for taking the day off work.

My case was listed for July this year, however after I mentioned in the witness statement that my partners case was won in February, NPM/Gladstones decided to discontinue. 

Obviously I am very happy with the outcome, however with the discontinuance there comes the issue of claiming costs. Because of the size of this case and the amounts involved, I have used a solicitor for the defence process so I have accumulated costs.

 I'm being told that according to CPR r. 38.6(3) I cannot claim costs in the event of a discontinuance, as this is a small claims matter. Does anyone have any advice for this? I know that there is a way to claim costs if I can prove that the claimant acted in a vexatious manner, but I'm not sure how to approach this.

Last but not least, I want to thank everyone on this forum - without the advice received here, I would have been lost in this maze of a process! I am very happy that I decided to fight against the charges and come out the other side with multiple wins.

Coupon-mad

Great news!

Didn't your solicitor point you to the annotation in the White Book about costs after a discontinuance? 

It's quoted in the conclusion in the Template Defence. 

BikingBud

AngryWatermelon123 said:

Hi everyone, 

A rather late, however positive update for my monster of a case 😀

As it stands right now, both my partner's and my ccjs have been set aside in October last year. 5 out of 7 of these were awarded costs.

We prepared defenses and witness statements and my partners case was listed and won in February this year. His case was awarded costs as well, I even acted as a witness in his case and received compensation for taking the day off work.

My case was listed for July this year, however after I mentioned in the witness statement that my partners case was won in February, NPM/Gladstones decided to discontinue. 

Obviously I am very happy with the outcome, however with the discontinuance there comes the issue of claiming costs. Because of the size of this case and the amounts involved, I have used a solicitor for the defence process so I have accumulated costs.

 I'm being told that according to CPR r. 38.6(3) I cannot claim costs in the event of a discontinuance, as this is a small claims matter. Does anyone have any advice for this? I know that there is a way to claim costs if I can prove that the claimant acted in a vexatious manner, but I'm not sure how to approach this.

Last but not least, I want to thank everyone on this forum - without the advice received here, I would have been lost in this maze of a process! I am very happy that I decided to fight against the charges and come out the other side with multiple wins.

Brilliant these stories always brighten my day.

Great effort.

Le_Kirk

AngryWatermelon123 said:

My case was listed for July this year, however after I mentioned in the witness statement that my partners case was won in February, NPM/Gladstones decided to discontinue. 

Obviously I am very happy with the outcome, however with the discontinuance there comes the issue of claiming costs. Because of the size of this case and the amounts involved, I have used a solicitor for the defence process so I have accumulated costs.

What did you/your solicitor write in your Draft Order concerning discontinuance?  Did it state claimant to pay defendant's costs or something similar?