Setting Order Aside Phone Hearing

CBaciu · 7 January 2021 at 10:30PM

Ok, thank you for all the feedback. I will make sure to update accordingly.

Also, you say that the draft order is only there to make life easier for the judge. The newbies forum indicates that I should send papers as pdf. Do I sent the pre-filled draft order separately in Word?

If no one has anything else to add then I will make the suggested modifications and submit the papers to the county court.

nosferatu1001 · 7 January 2021 at 11:29PM

yes, send the draft order as word as it needs to be edited.

CBaciu · 8 January 2021 at 10:02AM

Everything has been sent to both CCBC and the Claimant by email. I am now waiting for CCBC to open doors so I can ring them up and pay the required amount. I will keep you updated on what happens next. Thank you again for your amazing guidance!

CBaciu · 9 January 2021 at 11:52AM

Hi all, I'm in a bit of an awkward situation regarding the case. Yesterday at 8:30 am I called County Court Birmingham to make the payment required in the order. I was told that I would be called back by someone to take payment. I told them that I needed to be called by 4pm that day and the agent assured me that I would be called between 10 to 12. I wait until 2pm thinking there would be delays because of covid then I call again. I say the same thing, explain that I need to make the payment and the agent tells me that someone would call me. I explain that it is urgent and that my deadline is at 4pm and they say that they've sent an email with the header 'Urgent' so it should be faster than expected. Then I send an email to the enquiries department at CCB and explain to them that I keep trying to make the payment but no one is calling me back and that I wish not to be penalised for that. It is now 10:48 the next day and I have not received a call and I am worried that this will have a direct impact on my set aside. I see that I should have paid days in advance but I've never been in a situation before where I had to book a position on a waiting list in order to make a payment so I did not foresee this event. Is there anything I can do at this point?

henrik777 · 9 January 2021 at 1:41PM

All you can do is keep trying and documenting your attempts in case you need to fix the mess.

Maybe try going to the court in person (during a lockdown, i know)

henrik777 · 9 January 2021 at 1:49PM

CBaciu said:

Here is the order again so that you don't have to scroll back:

It could be argued that it's the defence that has a time limit, not the payment, so it may not be an issue. Not sure why you left it to the last minute though.

CBaciu · 9 January 2021 at 2:10PM

henrik777 said:

All you can do is keep trying and documenting your attempts in case you need to fix the mess.

Maybe try going to the court in person (during a lockdown, i know)

I will call again on Monday if I am not called by 10 am. If I am not called by 2:30pm I will go in person. I am also waiting for the reply to the email that I had sent regarding this. Hopefully, I will get them to write a note on the case about this so the judge can see.

I left it to the last day because I did not want to block the sum unnecessarily in advance. I am not doing great financially at the moment. And because I'm a dud.

Coupon-mad · 9 January 2021 at 5:57PM

No you are not. I am sure some great minds put things off till the last minute!

henrik777 · 9 January 2021 at 7:55PM

That's a good reason to be fair but during these covid times it's asking for trouble.

What amazes me though, is more than the unusual order to lodge funds (not unheard of but pretty much so for a mere small claim), is that a judge upon seeing a small claim (ok unallocated but essentially ....) with fee remission, ask for funds to be lodged. I mean, if that doesn't strike anyone as an abuse of their power i struggle to think what would.

CBaciu · 12 January 2021 at 5:26PM

Just a quick update. After many phone calls, call back promises and talks with different departments I have come to the conclusion that I need to send a CFO 100 form with a cheque and a sealed copy of the order if I want to be done with this payment. I've been instructed to send an email and request the sealed copy. Who knows how many days will pass until I physically receive the sealed copy. I will be pushing for a physical visit to the county court instead of them sending it to me by post as it is the faster option. I now see the gravity of having left this aspect of the order uncared for till the last day. At this point I am hoping for the best but expecting the worst. It would be a shame to lose the case just because I failed to make the payment in time but it is what it is.

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Setting Order Aside Phone Hearing

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