Challenge Default Judgement : Premier Park Drop Case. Counterclaim denied.

stuart_c2023

Thanks again @Coupon-mad.

I've updated as per your comments. Appreciate I shouldn't need the legal arguments in Para 5-18 but as asking for costs for research time as litigant in person, will leave them in.

https://www.dropbox.com/scl/fi/excovbpa4c89tiofceq2u/Defence-and-counterclaim-240207-REDACTED.pdf?rlkey=lf3ljcau9lxrmvb596j3syeij&dl=0

Seems crazy that I was told to file a Defence at the set aside hearing by Feb 12th and still not had any paperwork from the court.

edit. emailed the court to see if I should have had judgement paperwork, who have said their current processing time is 5 weeks and to email them back if I haven't heard anything by 26th Feb. I'll just have to proceed and get documents submitted and paid for this week but unless Gladstones have made a call and heard the decision they won't even know dates. 

edit: BUMP. Need to submit this tomorrow
Questions which would be very grateful if anybody has opinion
a) I haven't listed or appended the letters from Debt Recovery Plus. Is it worth it as feel the fact they have pursued me through to County Court sufficient grounds for harassment?  Answering my own question think I'll add the original PCN as clear evidence that car on their ANPR is same as in my exhibit photos.
 
b) Are the costs reasonable ? Probably spent at least 20 hours researching and compiling documents but left it at 10 as don't want to give Judge reason to question or ask for proof

Coupon-mad

We'll take a look but you don't need to email it till the morning of Monday 12th, do you?

stuart_c2023

I just remember the Judge saying the 12th so wanted to make sure it was in by then, I’ll try emailing the court this morning ..

Ref the covering emails to Court and Gladstones should they be as blunt as below or add context of set aside judgement? 

Please find attached Defence and Part 20 Counterclaim for claim K8GF1J0W.

Can you please acknowledge receipt of this email.

stuart_c2023

Just proofreading for umpteenth time realised missed the Part 20 Counterclaim costs from schedule of costs.
Can anybody confirm if the £60 figure is correct as I've seen both this and £29 quoted? 

Ordinary Costs

Standard witness costs for attendance at Court, pursuant to CPR 27.14:

For Defence and Counterclaim Hearing (4 hours at £19/hour) : £76.00

Further costs for Claimant’s misconduct, pursuant to Civil Procedure Rule 44.11

Standard witness costs for attendance at Court for CCJ Default Judgment Set Aside Hearing (4 hours at £19/hour) : £76.00

Costs for Appeal to Set Aside CCJ N244 Application Notice as already awarded by the Judge at the CCJ Set Aside Hearing : £275.00

Costs for Part 20 Counterclaim Hearing : £60.00

Research, preparation and drafting Witness Statement, Defence and CounterClaim documents (10 hours at Litigant in Person rate of £19/hour):£190.00

TOTAL COSTS CLAIMED £677.00

stuart_c2023

https://www.dropbox.com/scl/fi/4a9yqikg5hpd5zwwcwijw/Defence-and-counterclaim-240209-REDACTED.pdf?rlkey=uwsvvfdffc8afct9n6w9jx2fb&dl=0

Added a hyperlinked Table of Contents 

EDIT. The Judgement document has turned up in the post. Have until 4pm on 13th Feb to submit the Defence document, with all docs to be submitted by 12th March with court date of 15th May.

#The claimant must pay the Defendan't costs of this applicationin the sum of £275 by 4pm on 13th Feb. 

Presumably I'm OK to remove that from my schedule of costs above now?

Coupon-mad

Yes remove that from your schedule of costs.

This is wrong (below), a counterclaimant only pays the hearing fee if the Claimant doesn't (e.g. if they discontinue the claim you would then have to be quick to ring the court and pay it to stop them vacating the hearing):

"Costs for Part 20 Counterclaim Hearing : £60.00"

No. The Counterclaimant must pay a claim filing fee which for up to £300 (net of fees) is £35.  You could add in brackets (plus hearing fee, if applicable, if the Claimant discontinues).

stuart_c2023

Thanks @Coupon-mad. Just been reading about filing and hearing fees on
https://www.gov.uk/make-court-claim-for-money/court-fees

Been searching the forums to see if there is specific reference to damages from trashed credit rating. 

The better half just dug out an email from being turned down for a Car Loan in January
"Based on the information we found at credit reference agencies we can’t offer you the Loan." 

Would this be in a clause d) i para below?

22.  The counterclaim is pursuant to the following:  

a) damages for distress caused by the Claimants’ breach of statutory duties under the Consumer Rights Act 2015 and misleading actions within the meaning of the Consumer Protection from Unfair Trading Regulations 2008, as amended by the Consumer Protection (Amendment) Regulations 2014 (“the Regulations”);   

b) damages for distress caused by breach of statutory duty under the Data Protection Act 2018 and General Data Protection Regulation ('the GDPR'); for unlawfully obtaining, processing and passing on my data to notoriously aggressive third party debt recovery agencies

c) damages for distress caused by harassment contrary to the Protection from Harassment Act 1997 ('the PFHA') ref section 3;

d) damages for distress caused by damage to the Defendants credit rating as per Exhibit SC07 RBS refusal of car loan

Coupon-mad

Yes, great evidence of material detriment!

stuart_c2023

https://www.dropbox.com/scl/fi/eugxzt1vns14f168129wi/Defence-and-counterclaim-240209-REDACTED-2.pdf?rlkey=yv083h8u4qdm0jlwimaxa2z94&dl=0

Right, think this is ready to go. Thanks for help everyone.

Too clever for my own good. Can't redact over hyperlinks within the document, but at this stage not too excited if Gladstones are reading.

edit. Now got a 6.5MB file. Anyone know if Gladstones or the Courts likely to have a limit before I try and compress?

Debszzzz2

I'm not sure about the file size but 6.5Mb is not particularly large. I've seen some courts limit file size to 25Mb. However, slightly more concerning is the number of pages in your bundle. 89 pages is almost certainly larger than the number allowed if they have to be printed. I believe that 25 sheets (50 pages) pages could be the limit.

Perhaps call the court and ask them about any limitations on electronic bundles.

https://www.justice.gov.uk/courts/email-guidance%23canfile#:~:text=Correspondence%20and%20documents%20may%20be,))%20must%20not%20exceed%2025Mb.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05/pd_part05b#Anchor3