CCJ Set Aside Question

Brightonrock123

A small update on this, we have finally received a court date of April to hear the "original defence" after the CCJ has been set aside.

I will go back through the threads now to check what I need to do next, in preparation for the hearing.  From memory it is just submitting a new Skeleton Argument for the new hearing, but it was 7 months ago so need to refresh myself.

Thank you so much again for your help @Coupon-mad I wanted to bump this to show how long these delays are and that people should not give up.

As we have costs reserved too from the Set Aside I am hopefully this is a simple discontinue.

Coupon-mad

Also do a fresh costs assessment now - early - to include attendance for this second hearing and clearly reminding the court that your costs are reserved.

Brightonrock123

Thank you, do you still recommend waiting for DCBL's WS before I complete mine?

Yes I'll do my costs assessment now to include the new hearing date and highlight the costs reserved from before, thank you.

Le_Kirk

Brightonrock123 said:

Thank you, do you still recommend waiting for DCBL's WS before I complete mine?

Yes I'll do my costs assessment now to include the new hearing date and highlight the costs reserved from before, thank you.

Will you have time - what are your respective deadlines or are they the same?  It is best if you can get a sight of what they write in their WS and you can counter them in yours but do not: -
miss your deadline
get involved in WS ping-pong (judges hate it)

Brightonrock123

Hi thank you for commenting.

Yes I have double checked the documents and the claimant has until 17th March to pay the court fee of £27. And I/we have until no later than 14 days prior to the court date to submit witness statements and evidence.

So from my understanding it would be best to a) wait for the claimant to file their witness statement first, however if they don't b)file mine regardless prior to 17th March in case they discontinue to remind the court of my costs reserved from the Set Aside hearing.

Thank you all again you have been such a fantastic support in all of this.

Coupon-mad

Well they'll discontinue soon so I wouldn't wait. I'd get all this filed & served THIS month because your battle is your costs and you want your court not to just get their discontinuance and assume the case is over.

And a skeleton argument in support of your case if you haven't yet relied on the new case law in Mazur v Speechlys (search the forum). Add wording about that.

I also posted about a High Court case of Brookes earlier this week which supports the argument that CPR 38 creates a 'usual rule' that the winning party in a hearing (your first hearing) gets costs and that a very late discontinuance can be part of a course of unreasonable conduct.

Search for a post by me this week including the keywords Brookes and Mazur.