My CCJ was set aside. Have now received a Trial date for Sept. Please help me understand this situ

Coupon-mad

I see nothing about the added fake fees or anything from the usual exemplar WS.

In the NEWBIES thread there is an a-f list of recommended exhibits.  What are your exhibits? e.g. where is Excel v Wilkinson?  All exhibits need your initials and a number.

Yes, the Beavis case apples to (and it is important to distinguish it from) EVERY case which is why the quotes from some paragraphs of it are in the a-f list as advice 'for all cases'.

You need to talk about ambiguous terms and the CRA 2015 here, as I posted begore:

I believe it’s reasonable to assume that any of the windscreens on a car are suitable for the Permit to be displayed within.

Never mind that you think it reasonable - and we agree with you!

The point to take your Judge to is a legal one - not discretionary - the LAW says that YOUR interpretation of a vague term is the one that a court MUST take. End of story.

That's why I wrote a long reply for you to copy about it and I explained that the CRA 2015 covers you. But I don't see a paragraph in this draft WS where you tell the Judge about this part of the CRA?

I know it seems odd but you have to sometimes point niche consumer law rules out to Judges. They don't see this area of law every day like we do.

Bennyharvey

Thanks so much Coupon. That helps a great deal. Let me work on this and report back. I'll cover the CRA information too. Thank you. 

I'll be perfectly honest, I'm finding this very difficult to wrap my head around! And overwhelming! 

I'll re read and digest the Newbies thread. 

Bennyharvey

And thank you re CRA 2015. I'll also digest and write this. I had forgotten. Overwhelmed!

Coupon-mad

You'll be an armchair lawyer before you know it!  You are getting there but do review the a-f list of exhibits and the CRA 2015, which is the law that saves you from being penalised under this vague contract.

It's your silver bullet but you have to polish it and fire it!  And talk about it a little bit, at the hearing.

  

Bennyharvey

@Coupon-mad thank you for your kind response and for your patience and advice! This forum has been so helpful.

I'm finishing my witness statement and have included the missing sections. I feel like I understand them too (well, getting there!).

I have a question re the POC, I can't for the life of me remember receiving one nor do I have one in any of my emails or paperwork received.

Am I mistaken or should I have one? Should I email the Claimant or the County Court for a copy of mine? 

I received a 'Judgement for Claimant (in default)' in June 23: which reads "You have not replied to the claim form", but I never received a claim form. Is this when I should have received one? 

I then submitted a N244 for it to be Set Aside, the hearing for this was in Jan 24 where it was Set Aside and now I have the small claims court trial next month. Throughout all of this I haven't been emailed or posted any document that's called a Particulars of Claim? 

LDast

You need to phone the CNBC and once through to them, get them to email you the PoC while you wait on the phone.

Bennyharvey

Thank you LDast, I will call them first thing tomorrow. 

On a different note, if anyone can advise: Re my costs assessment, can I include lost income and travel expenses for my court date in January where my CCJ was Set Aside? Or do I ONLY include lost income and travel expenses for this court date in Sept? This would be the only costs assessment I will submit as I didn't include one in my defence in January (I didn't know the wonders of this forum when I submitted my defence, sadly!)

Thanks as always 

LDast

When the CCJ was set aside, were costs for the hearing reserved?

The defendant can claim the costs for the original set-aside hearing if the case is successful for them. The general rule is that the unsuccessful party is usually ordered to pay the costs of the successful party. This rule applies to interim hearings, such as a set aside application, as well as to the final hearing.

If the defendant successfully defends the claim after it has been re-served, they can apply for the costs of both the set aside hearing and the subsequent hearings. The defendant should provide a detailed schedule of costs incurred, including those for the set-aside hearing, and request that these costs be awarded in their favor.

It is important to ensure that all costs claimed are reasonable and proportionate. The court will consider the conduct of both parties, including whether any party acted unreasonably or caused unnecessary costs. If the court agrees that the claim was not served properly initially and the set-aside was necessary, it is likely to award the costs of the set-aside hearing to the defendant if they are ultimately successful in the case.

Bennyharvey

Ah sorry I forgot to say that I was eligible for Help With Fees and so I didn't pay the initial court fee for the Set Aside hearing. 

After the Set Aside hearing I received the 'General Form of Judgement or Order' which ordered 'No Order as to costs'.

Grizebeck

You need to be on the phone 8.30 am sharp