Defence after CCJ set aside.

Coupon-mad

Nice. £184 (the difference) was exactly what @troublemaker22 suggested you should get! So it was worth attending the hearing.

They'll maybe discontinue now. Do you have a deadline to put in a defence now?

Foresthare

Coupon-mad said:

Do you have a deadline to put in a defence now?

The judge said 28 days. I have taken this to assume 28 days from when the reinstated claim is sent rather than from the court date. 

I haven't received anything through the post yet. 

ChirpyChicken

I had a sneaky feeling he might split the difference, thats not a bad result
I would simply log the defence in the next 10 to 14 days regardless

Coupon-mad

Foresthare said:

Coupon-mad said:

Do you have a deadline to put in a defence now?

The judge said 28 days. I have taken this to assume 28 days from when the reinstated claim is sent rather than from the court date. 

I haven't received anything through the post yet. 

They won't know they've been ordered to send you a claim unless the judge issues a written order with deadlines.

Don't wait for it.

Please can you edit your thread title to make sense for the state of play now? Something like:

Defence after CCJ set aside.

Foresthare

The judge said he would write to them, but yes agree I shouldn't wait. 

How do I respond without a N9SDT response pack? Should I just email DCB directly with my defence? 

Coupon-mad

You have to copy them in of course, when you email your defence to the local court.

Foresthare

I have received the order from the court:

IT IS ORDERED THAT 

1. The judgment be set aside
2. A request for cancellation of the judgment sent to registry
3. The claimant shall reserve the claim form plus all supporting evidence including the PCB by X
4. The defendant shall file a defence by X
5. Direction questionnaires to be filed by X
6. The claimant shall pay the defendants costs of £184 being the difference between he consented and contested application fee
7. The claimant shall send all documents to the defendant by post and email (email address supplied)

Now... the date for the claimant to serve the claim form to me has now passed, possible it hasn't come through the post but also he did order that it goes to my email which it hasn't. 

If they have genuinely missed the deadline - is the claim now expired? 

I still have over a week to respond, but I have nothing to respond to. (noting I never received any tickets or evidence relating to the event at any point). 

Coupon-mad

Perfect!

Check your junk emails, as the judge ordered them to serve you by post and email (BOTH).
 
If nothing has arrived, email the court attaching a copy of the order and tell Judge xxxxx that the C has failed to re-serve anything at all (nothing has arrived this week by post or email) and you would kindly request a final order striking out the claim and ordering a deadline for the erring Claimant to pay the Defendant's £184 costs.

Visibly cc in the C's solicitors.

Foresthare

Definitely not in junk emails. Email address is correct on the order. 

Thanks Coupon-mad, I'll let you know how I get on

Foresthare

An update of sorts. 

We are now over 2 weeks from the deadline for the claimant to re-serve. Still nothing received by post or email. 

As suggested, I have emailed the courts and DCB - no response from either yet. 

I did however receive an email from DCB requesting my bank details - and a few days later they refunded the costs ordered by the judge. 

Thank you for all your help. I'm tentatively hoping I might be reaching the end of this. At least I'm only out of pocket by the set aside consent costs and I don't have a judgment against me.