Claim Discontinued 1 Week Before Set Aside Hearing - What now?

getittogether95

Hi all, hoping someone can help with what I do next.

I submitted an N244 application to have a CCJ set aside, I had strong grounds (abuse, no notice of proceedings, etc.) and submitted a full witness statement, draft defence, and draft order. A hearing was listed for 23rd May. 

I called the CNBC yesterday to see if the claimant had responded at all to prep for my hearing, but was told they had discontinued the claim and the hearing is cancelled. He told me to file an N443, but when I went to do that, the only options were to tick Satisfied or Cancelled, neither of which apply to me. 

Does the claimant discontinuing the claim mean they don't wish to contest and are happy for the CCJ to be dropped? I just want it off my record but don't have the hearing for it to be set aside anymore. 

Any help appreceated

Castle

The CNBC won't be involved; it will be whichever Court you sent the N244 to.

getittogether95

Ok I just managed to go to the local court, and was advised the hearing has indeed been cancelled and she will need to speak to the district judge to see what I do now to get the CCJ removed - surely claimants can't just discontinue the case with an active CCJ in place and leave people with no way to get rid of it - is there a normal procedure when this happens?

I'm assuming that because they discontinued the claim, they no longer wish to pursue, but I haven't received anything in writing at all either from the claimant or the local court. 

Also, I can't just call my local court because it routes all calls for enquiries to the CNBC.

pustit

It just brings it home to you what type of scum they are.  Don't even have the courtesy to advise you of their actions

Coupon-mad

getittogether95 said:

Ok I just managed to go to the local court, and was advised the hearing has indeed been cancelled and she will need to speak to the district judge to see what I do now to get the CCJ removed - surely claimants can't just discontinue the case with an active CCJ in place and leave people with no way to get rid of it - is there a normal procedure when this happens?

I'm assuming that because they discontinued the claim, they no longer wish to pursue, but I haven't received anything in writing at all either from the claimant or the local court. 

Also, I can't just call my local court because it routes all calls for enquiries to the CNBC.

This doesn't make any sense.

This was YOUR HEARING that you paid for. Not theirs to discontinue. Not their hearing.

Send an immediate email to the court manager complaining, because even if the Claimants consented to the set aside:

1. they failed to tell you, and

2. this is the Defendant's paid-for application hearing (which included costs), not the Claimant's PCN hearing, and

3. this still leaves the unresolved matter of the Defendant's costs and the Defendant has NOT consented to any order with no costs (and never would). There is no joint 'consent order' in the case. The Defendant paid for a hearing and provided a draft Order with significant costs, and

4.  relying upon the March 2025 Court of Appeal binding judgment in the CCJ set aside case of VCS v Carr, (hearing officially filmed by the CoA) the parking firm was held to be at fault for using an old DVLA address, which is only 'a starting point'. They failed to do other address checks (which can cost as little as 28 pence in bulk) before litigation and VCS were liable for Mr Carr's costs

https://m.youtube.com/watch?v=FvK6XwAGHcs&pp=ygUIVkNTIENhcnI%3D

The hearing the Defendant paid for must be reinstated. It was not for the Claimant to mislead the court into cancelling the Defendant's application hearing (even if they consented to the set aside) because costs are still outstanding in the case.

Attach your receipt for the £303 or £313 fee.

Email that and copy in the solicitors. Was this Elms Legal for VCS by any chance? Or CEL?