Post CCJ set aside - final hearing preparation

Mega_Maniac

Ok, willdo thanks. 

Is there a good thread to head to to understand how I should be structuring this new new Witness Statement?

Coupon-mad

@Harry77

@Defendant911

@imulsion

Mega_Maniac

Coupon-mad said:

@Harry77

@Defendant911

@imulsion

Just looking through threads by these users, I'm having the same problem not really knowing if they are relevant.

Just to recap my case: I requested to have the judgement/CCJ set aside, for which I wrote an accompanying WS, this lead to a hearing.

Before this hearing I received in the post the evidence (/WS? not sure if thats the right terminology for the claimants evidence) from the C.

At the hearing the judgement was set aside under 13.3, and following this I had to write a defence for the future hearing which I did following the advice in the thread and in the template defence. I submitted this with another WS and evidence.

I received no WS or anything else from the Defendant (should I have? Or did they only need to submit the Directions Questionnaire to me?)

Now I have received the paper trial letter. So I am a little confused as to why yet another WS needs to be constructed when nothing has moved on from the last time?

IRT the referenced threads by coupon-mad:
Harry77 - Had to make WS + Defence for hearing which they won, but it seems like it was the same/similar to my already submitted Defence/WS I submitted after having my CCJ set aside. 

Defendant911 - Same as above, C discontinued

Imulsion - I believe never needed to have CCJ set aside, so straight to defence, which after they submitted it they got a hearing for which they had to write their WS/Defence. 

I would guess the last one is the most relevant, but I am not quite understanding how this is different to the Defence/WS I submitted following my hearing in which the CCJ was set aside?

Coupon-mad

I see what you mean.

So you've already done two WS during this case: one re the set aside then a second one and evidence with your defence.  Not everyone does that in one go after a CCJ set aside, even though we do recommend it.

Nice!

If you are happy that your second WS and exhibits are all you wish to submit, I'd just email them again to the local court and Claimant, and add an updated costs assessment with any outstanding costs (your £303 fee unless it's already been paid to you by the C, or unless the Judge refused to make an order for your costs?) plus your likely attendance costs for this final hearing. 

Mega_Maniac

Great thanks, that is a relief as I remember finding it quite stressful getting my head around the last WS! I was actually ordered to submit a defence by a certain date which is why I did it - but do you mean I did not need to submit the WS at the time as well?

The judge did reserve the costs until the next hearing, so I'll double check I have mentioned those. As I'm self employed/Director of Ltd company I think it is difficult to prove any specific costs of attending court at this stage. I could well have a contract by the time the trial comes around and it could well cost me about £800 to attend if I have to miss a day, but at this stage I cannot prove that.

Coupon-mad

OK so email your existing 2nd WS and exhibits (exactly as they were when you put them in with thd defence).

You were only required to put in a defence but we recommend exactly what you did! All good.

Nearer the time; the week before the hearing (if they haven't discontinued) file and serve an updated Costs Assessment including the reserved costs and new costs estimate.

Mega_Maniac

Thanks, I did have one question: Does the fact that I have already submitted my WS not mean that the C has an advantage in building their case? My Defence and WS were emailed to both court and C - I believe this is what was ordered of me. But now they can build their claim and statement on my most recently submitted D and WS.

Coupon-mad

Yep, but this is what we recommend after a CCJ set aside hearing because we've seen some courts not then give people any WS & evidence window at all (very unfair) and just expect the victim to attend a second hearing using their defence only. So wrong!

Mega_Maniac

Ok, thanks. 

Mega_Maniac

I have just sent over my objection to the paperless hearing as it needed to be done as soon as possible, I'm still within the timeframe there.

I have until 3 March to re-submit my WS. I was going to do this along with the above objection but something cropped up I don't quite know how to proceed with.

When I submitted my defence and WS previously this was for my 'final hearing' - this most recent order only seems to request a WS and not a defence and a WS - am I confusing something here? The order states that I need to include the "Statement of Truth" that is currently in my defence at the end of the WS - so I'm wondering if I need to combine the two?