UKPC Set Aside Hearing

Johnersh

CPR 39.8 innit? If you're going to contact the court in a substantive point you have to copy in the other party.

Coupon-mad

Johnersh said:

CPR 39.8 innit? If you're going to contact the court in a substantive point you have to copy in the other party.

So QDR didn't comply?

Running to the court saying:

"Oi, Judge, waaah... he didn't serve us with a draft defence, etc."

 is surely a substantive point and they had to copy this OP into their whinge?

How dare the court accept that rubbish and put it under a Judge's nose?  Especially as they knew they'd heard from this Defendant, and could see QDR hadn't copied him in to their snitching.

Chesterfield1970

@Coupon-mad I’m not sure if they read my 3rd witness statement which I sent to the court and the solicitors but I did receive a letter from the court a few days later stating that they were sending my papers over to the solicitor and they had until the 7th (today)to file a statement in reply or take action.  At this point I have received nothing from the solicitor unless they’ve only replied to the court

Coupon-mad

Wow.  The court has cut them some slack and QDR (apparently) still haven't bothered to serve you with anything.

Show us that Order from the court.

Chesterfield1970

@Coupon-mad Here you go

Coupon-mad

Strange order.

There is no 'unless the C does x then y will happen'.  Also it refers to QDR by name, like they are best mates with the Judge. Odd.

Also this is YOUR set aside hearing so the ball isn't in QDR's court to 'take action' anyway!  You paid for a hearing and have done everything right.

Chesterfield1970

@Coupon-mad would you check with the court if they have filed a statement or leave it alone until the hearing?

Coupon-mad

You haven't got a hearing date yet have you?  Hmmm this is your application and you did everything right, so I would see what gets ordered next.   Should be a hearing, or maybe a good Judge will see what's gone on and strike out the claim and set aside the CCJ and award your costs.  Cross your fingers!

In the meantime have you done this Inquiry? Closes in a week.  Really vital:

https://forums.moneysavingexpert.com/discussion/comment/80374998/#Comment_80374998

(Sorry if you have already!)  

Chesterfield1970

@Coupon-mad yes my hearing has already been set for 16 January.  I have started putting something together for the inquiry so I’ll get this done.

I haven’t received anything from the Claimant by the deadline (7th December)should I push this point with the court.  That’s twice they haven’t complied with the Court order.

Coupon-mad

I think I would. Nothing too long.

Short & sweet email saying "That’s twice they haven’t complied with the Court order" and asking for your costs to be awarded in full and for the CCJ to be set aside and the Claim dismissed for want of service and the significant CPR pleadings breaches explained in the Defendant's properly filed and served bundle.