CCJ set-aside. Now Small Claims & Draft Defence.

Umkomaas

This thread has no context.  Attempting to answer this without background is simply guesswork. We're dealing with hundreds of different cases every day. Is it linked to another thread?  If so, hit 'Report' button and ask a friendly MSE admin member to link your threads.  

MSE_ForumTeam5

merge in progress

Coupon-mad

Why not ring and pay the fee today or tomorrow, which also checks that they haven't lost your emailed N244 bundle?

One favour please to change all this -

If you could reply to this Inquiry that would be superb.  ...only TWO DAYS left to do this relevant Inquiry linked & discussed here:

https://forums.moneysavingexpert.com/discussion/comment/80417494/#Comment_80417494

Really relevant because the reason that the county court is clogged up is because up to a THIRD of all small claims are private parking.

Your claim paperwork and CCJ story will be great evidence of the meritless 'cause of action' constantly bombarding the courts and wasting Judges' time. 

This is about showing how parking firms abuse the court service, use old unchecked DVLA car addresses and cause CCJs to innocent, honest people.

Please tell the Ministers on this Committee that there needs to be a bespoke parking Alternative Dispute Resolution 'court buffer' at pre-action stage, and the use of the "debt claims" pre-action protocol is totally improper.  Asking for people's income on a 'debtor' reply form is an insult and utterly inappropriate.  There must be a bespoke PAP for parking cases agreed in liaison with the DLUHC who are responsible for the incoming Code of Practice.

I think if enough people say the above sort of stuff, this Justice Committee will go and talk to the DLUHC guys I'm dealing with, and hopefully recommend a new pre-action protocol to stop the vast majority of cases even going to a claim.

Please do the Inquiry with your CCJ letter (whatever you have) and your views as a CCJ victim of a parking firm case that involves an unfair PCN you would certainly have disputed, had you known.

CLOSES THURSDAY!

Khayman

So I just tried to call the court but it's engaged, then I re-read my automated reply and remembered this:

Please be aware that the Post Judgment and Enforcement Team are currently understaffed and in severe arrears. If you are contacting the Court for an update on any process filed or heard in the last 6 weeks, it may not yet have been dealt with.

Which isn't ideal!

Going back to my second question, do you think I should contact DCBL to let them know I'm appealing the CCJ and claim? Or just keep ignoring them?
I'm assuming they'll keep chasing me otherwise...

Khayman

Hi all,

I'm back with an update.

I have my hearing date, which months sooner than I expected!

I was today copied in on an email from ELMS Legal (VCS's legal rep) to the court with a copy of 'the consent order' which reads as follows:

Upon the Parties having consented and agreed to the terms set out below:-

IT IS HEREBY ORDERED THAT: 

1. The judgment dated 18/10/2023 be set aside. 

2. The claim be allocated to the small claims track. 

3. No order as to costs. 

So my understanding is that they want me to sign and agree to this, which will result in the court setting aside the CCJ, that the claim for the money be allocated to small claims court, and that they do not have to pay my court costs (N244 application fee). Is that correct?

Obviously, I am not going to agree with that, BUT I do want to avoid all of this stress and get this over with so I WOULD agree to 1. and 3. if 2. were changed to a dismissal of the claim. In other words I don't get my fee back, but I also have the PCN claim dropped.

What I would really appreciate advice on therefore, is what/how I go about filing a sort of 'counter' consent order?

Or is my best option to contact ELMS Legal and basically tell them I'm confident of winning my appeal for the set aside, AND the order of costs (even if I then have to go on and fight and even lose the original PCN claim), which would basically mean that after all of that, having had to pay my fee, even if I end up paying the PCN they will end up with £0 because the two will cancel each other out. (I know I'll personally be down the PCN charge if that were to happen, but I'm less bothered about that than the CCJ). So they may as well drop the claim if I agree to drop the order for costs, and it can all be done and dusted. Would they then send a new 'consent order' to the court, which I would agree and sign?

As always, I appreciate the help and advice!
Hoping to hear soon so I can just put this behind me!

Thanks!

Coupon-mad

Immediately 'reply to all' and state (sorry about capitals, don't use caps in your email!):

THE ATTACHMENT PROVIDED BY ELMS LEGAL IS NOT A 'CONSENT ORDER'.

I HAVE NEVER SEEN IT LET ALONE AGREED TO IT.  I CONSIDER IT DISINGENUOUS OF ELMS LEGAL TO DESCRIBE A SELF-SERVING DRAFT AS A 'CONSENT ORDER' WHICH IS MERELY THEIR OWN DRAFT, SEEKING TO ABSOLVE THEMSELVES/THEIR CLIENT OF SANCTIONS AND LIABILITY FOR MY COSTS.

PLEASE ENSURE THIS REPLY IS PLACED WITH THE FILE FOR THE HEARING AT (time & date) SO THAT THE JUDGE IS NOT MISLED.

Khayman

Thanks for the quick response!

I've emailed the court and cc'd ELMS Legal with the response. Their original email is definitely worded in such a way as to make it sound like I'd already seen and agreed to it!

Thanks for the help and I guess we'll see what happens next!

Coupon-mad

Can you show the body of that email but not showing your data, claim no or the name of the person (if any) at the bottom, and of course covering the email headers.

Khayman

Email as follows:

Coupon-mad

Khayman said:

Email as follows:

Seen that before from Elms. That is appalling and worthy of a complaint to the SRA I think.

It is merely their own invented DRAFT (that you've never seen until now) and is clearly designed - IMHO - to mislead a Judge into vacating your hearing you've paid for!

This must meet the Dammerman high bar for unreasonable conduct.

@Johnersh

@troublemaker22

Do you agree it is worth an SRA complaint?