Third Claim by NPM/Gladstones - Got CCJ cleared - WON AT COURT - Case Dismissed

KeithP

Three weeks ago you wrote...

AdamBliss said:
They should know very well that if I file a N244 and get it set aside in court they will have to pay the £275 and other costs. 

...and you now seem to accept that you will be paying that set-aside fee.

Think very carefully before you sign anything that includes...

                        

AdamBliss

KeithP said:

Three weeks ago you wrote...

AdamBliss said:
They should know very well that if I file a N244 and get it set aside in court they will have to pay the £275 and other costs. 

...and you now seem to accept that you will be paying that set-aside fee.

Think very carefully before you sign anything that includes...

                        

I'm confused now. So I still have to pay the £275+ fee myself?
I thought that was only if I file N244 form myself with the court.

In this case the Claimant is the one filing the form and requesting court to set aside my CCJ.
Or am I missing something?

KeithP

Oh sorry, maybe you're right.
Perhaps wait for further clarification on that.

AdamBliss

KeithP said:

Oh sorry, maybe you're right.
Perhaps wait for further clarification on that.

Yeah I'm gonna email them confirming this. 

LDast

The no order as to costs means that if you lose the re-served claim hearing, you will be liable to pay the CCJ and their costs, which will include the N244 fee for the set aside.

Also, they are requesting a set aside under CPR 13.3 which is wrong as they is discretionary. They should be requesting a set aside under CPR 13.2 which is mandatory. You are dealing intellectually malnourished scammers, you do realise this don't you?

They should be informed of their embarrassing mistake and correct their order to show that the claimant is responsible for the costs. A complaint to the SRA would not go amiss about this appalling and unreasonable behaviour.

1505grandad

You should also remind them to Google CCJ  -  only 2 out 4 correct (Judgment)

AdamBliss

LDast said:

The no order as to costs means that if you lose the re-served claim hearing, you will be liable to pay the CCJ and their costs, which will include the N244 fee for the set aside.

Also, they are requesting a set aside under CPR 13.3 which is wrong as they is discretionary. They should be requesting a set aside under CPR 13.2 which is mandatory. You are dealing intellectually malnourished scammers, you do realise this don't you?

They should be informed of their embarrassing mistake and correct their order to show that the claimant is responsible for the costs. A complaint to the SRA would not go amiss about this appalling and unreasonable behaviour.

Yes just emailed them to amend it to CPR 13.2

I also recieved an email confirming I will not be paying any fees. 

AdamBliss

Emailed them to amend the order to: pursuant to CPR 13.2

This is the reply I got. 

Any suggestions for a response? @1505grandad @LDast @KeithP

Thank you

Coupon-mad

Then confirm:

Yes I do.  That is my position. This is a mandatory set aside situation. Please add CPR 13.2 as an alternative rationale to the consent order and I'll sign it, as long as you are not expecting me to file it with the CNBC nor incur any fee in doing so.

AdamBliss

Coupon-mad said:

Then confirm:

Yes I do.  That is my position. This is a mandatory set aside situation. Please add CPR 13.2 as an alternative rationale to the consent order and I'll sign it, as long as you are not expecting me to file it with the CNBC nor incur any fee in doing so.

Thank you for this.
I just sent this to them.

Let's see how they reply...