CCJ set aside granted — case now at hearing stage (PCM & Gladstones Solicitors)

Lia_F

@Coupon-mad the claimant just sent a copy of the trial bundle to me sent to the court without including my husband WS and including the LBC I never received and the notice of allocation I never received.

Coupon-mad

Did it include your WS & exhibits?

Send them an email pointing out the omissions and stating that this is neither a full, nor agreed, trial bundle. And that you require them to put this error right this week or you will raise their conduct with the judge.

Lia_F

https://forums.moneysavingexpert.com/discussion/comment/81945797#Comment_81945797

Their bundle includes my WS and exhibits

Lia_F

@Coupon-mad

Thank you so much for the advice. I’ve sent the email to Gladstones.

In my skeleton argument, do I need to point out the CCJ set‑aside and the issue of defective service by LCB?

Lia_F

@Coupon-mad

Gladstones have replied with the below:

Thank you for your recent emails.

In the circumstances, we must respectfully draw your attention to the fact that the witness statement has been served in breach of the Court’s Order, as it was not provided at least 14 days prior to the hearing. Accordingly, it is our position that the witness statement ought to be deemed inadmissible.

We note that the witness statement you served on 31 March 2026 was only allocated to our file today, after our trial bundle had already been served upon you and filed with the Court.

For completeness, we also confirm that our Letter Before Claim will not be amended within the trial bundle. This was properly sent to the address provided by the DVLA, and we rely upon it as served.

Yours sincerely,

Coupon-mad

Just ignore that then, as long as the driver's WS was emailed to court by you.

In my skeleton argument, do I need to point out the CCJ set‑aside and the issue of defective service by LCB?

Maybe just as an intro short paragraph, for context for the judge.

Lia_F

@Coupon-mad

I’m away at the moment, so I won’t be able to send my skeleton argument until Monday, 06/04/26.

Does it matter if I file mine before the claimant files theirs? I’m concerned they’ll read my points and tailor their skeleton accordingly.

Coupon-mad

The probably won't be planning on sending one, if they have said everything they want to say. Most cases involve no skelly. You just need one to bring in the case law.

Lia_F

@Coupon-mad could you please check my skeleton introduction below? Does it look ok? Thanks!

1. Introduction

1.1 This is the Defendant's skeleton argument for the final hearing listed on 10 April 2026. The Defendant relies on the filed Defence, Witness Statement, Exhibits (including those filed with the N244 application, insofar as relevant), and the Witness Statement of Mr xxxx.

1.2 The Defendant respectfully notes that the Claimant's bundle includes a Letter Before Claim which the Defendant did not receive (the default judgment having been set aside). The Defendant does not agree that the Defendant's bundle should exclude Mr xxxx's Witness Statement, which is relevant evidence before the Court.

1.3 The Defendant respectfully asks the Court to dismiss the claim. In the alternative, if the Court were against the Defendant on liability, the Defendant submits that the additional £70 and the pleaded statutory interest should be disallowed or substantially reduced.

Coupon-mad

But that wasn't the purpose of the skelly. As I said, there was one reason for a skeleton argument. To add what you missed out in terms of case law:

• a skeleton argument signed & dated by you (no statement of truth in a skelly). Use that to add the 4 case law authorities that I listed.