CCJ / I park services / DCBL - Please help with WS / Docs for a set aside.

TonydePony

Hi All, 

Just a quick update - I have my hearing scheduled for 7th Jan - I received the letter today. unfortunately I'm not in the country on that date. I have phoned the court this morning and went round in circles as it seems impossible to speak to somebody directly at Walsall CC. The best they could offer is that I resubmit another N244 form and pay £303 for the privilege of changing the hearing to a virtual one. My question is; is this my only option? As the letter states that 'I need to attend the hearing' - Virtually would be attending, right? 

Castle

Have Witness statements been exchanged yet?

TonydePony

Castle said:

Have Witness statements been exchanged yet?

Yes they have. 

Coupon-mad

As in, you got a WS bundle - with evidence - from DCB Legal? That's unusual. Really?  Even though the hearing date only just came through?

Are you sure?

You can change the date without an application if both parties agree. Be quick.

Try an urgent email today to DCB Legal but NOT SAYING YOU WILL BE OUT OF THE COUNTRY.

Just say you need to move the hearing date which is inconvenient, and do they agree? If yes you will ask the court to re-list it by mutual consent.  Or, you urge and invite the Claimant to discontinue and both sides walk away without costs.

DO IT NOW.

TonydePony

Coupon-mad said:

As in, you got a WS bundle - with evidence - from DCB Legal? That's unusual. Really?  Even though the hearing date only just came through?

Are you sure?

You can change the date without an application if both parties agree. Be quick.

Try an urgent email today to DCB Legal but NOT SAYING YOU WILL BE OUT OF THE COUNTRY.

Just say you need to move the hearing date which is inconvenient, and do they agree? If yes you will ask the court to re-list it by mutual consent.  Or, you urge and invite the Claimant to discontinue and both sides walk away without costs.

DO IT NOW.

Sorry, my bad. I have received a 'claimant's reply to defence'. 

No evidence or WS has been filed. 

In the correspondence I received it specifically states that either party can obtain 'written consent... and file a consent order or letters together with a fee of £119'. 

I have emailed the court after managing to speak to somebody who said they would be willing to put my proof of not being in the country in front of the Judge on the chance that they will accept my reason and change to a virtual hearing. 

Castle

Coupon-mad said:

Yes... but you had a deadline to exchange Witness Statements and it is probably today. Did you do yours?

You must email DCB Legal TODAY because I suspect they have not paid the hearing fee and will discontinue. You need to know.

Check your junk emails. Maybe they already have discontinued!

I actually think that 7th January is a set-a-side hearing which the OP has paid for.

Coupon-mad

Oh dear. I didn't realise. I'll delete my reply because they won't discontinue and there was no need for further WS if this is the first hearing re the CCJ application. 

And he/she can't attend the hearing.

Let's hope the local court (now closed for 10 days) do something and let the OP join remotely instead as they need to argue for the £303 fee already paid to be refunded, and the claim struck out too.

TonydePony

Good morning,

Thanks again for your continued support. I have just received the following from DCB legal... 



and the attached draft order...








Am I right in thinking that this is now put to rest and I do not have to attend Court?! I so very nearly paid the £303 fee as well. How do I go about claiming costs for the N244? 

Le_Kirk

This is not "put to bed" you have to accept the Draft Order from DCB Legal; did they ask you to sign anything when they sent it to you; who pays the N244 fee for a set-aside with consent?  Are you happy to have an order that states "no order as to costs".  

Coupon-mad

TonydePony said:

Good morning,

Thanks again for your continued support. I have just received the following from DCB legal... 



and the attached draft order...








Am I right in thinking that this is now put to rest and I do not have to attend Court?! I so very nearly paid the £303 fee as well. How do I go about claiming costs for the N244? 

I don't understand what costs you have? If you only NEARLY paid the £303 fee (but didn't) then are you out of pocket?

If you did pay a N244 fee then you can't reclaim those costs if you let DCB get away with that Draft Order! That draft is clearly saying NO ORDER AS TO COSTS.  Are you unable to attend your own hearing? Oh dear. You will be railroaded as I think the Judge will lap that up unless you object and excuse your absence urgently.

YOU DON'T HAVE TO ACCEPT THAT DRAFT ORDER.