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UK Car Park Management ignoring invoice rejection
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Resolver will be useless in this situation. The ppc will ignore them completely.0
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So a quick update... Things have taken a turn.
- I paid the CCJ within the 28 days. The CCJ has been removed from the register. (I.E. Gladstones must have informed them that I paid)
- Today I received a letter saying that the judgement has been set-aside, and my case it ready to move to the small claims track.
Any info now would be great. Obviously there's an abundance of information available regarding the questionnaire I need to fill in, however, how will this all work now I have paid the original judgement? Will that be used against me? Will a judge question why I've done this? I'll be calling the CCBC first thing tomorrow, but their information is relatively useless.
As I've made clear, I didn't want the chance under any circumstances for a CCJ to be on my credit report for the next 6 years.0 -
The next thing to expect is Gladstones to try and discontinue the claim.
Did your application include provision to recover your costs? Links to the court orders would be helpful.0 -
Links to the court orders would be helpful.
Especially the Judgment in default referred to in #32. We made an assumption without seeing it.0 -
I didn't apply for a set-aside. I spoke to CCBC on the phone the minute the judgement in default came through who weren't helpful and quite unclear, but said to send my evidence again with the proof of the original email. So I made no application and paid no money.
The judgement in default is as follows:To the Defendant
You have not replied to the claim form
It is therefore ordered that you must pay the claimant £xxx.xx for debt [and interest to date of judgement] and £xxx for costs [less £0 which you have already paid]
There's two General Form of Judgement or Order with the letter. One says:It is ordered that the judgement against [me] dated xx July 2018 be and is hereby set aside
The other says:It is ordered that:
1. The judgement be set aside
2. Direction questionnaires be issued.
3. Because this order has been made on the application of a party without notice of the hearing being give, any other parties have the right to apply to have the Order set aside, varied or stayed."
It does say a bit more about the process, but what catches my eye is if the Defendant isn't making the application in point #3 above, then if the case requires a hearing the claim will be transferred to the "preferred court". Does that mean this hearing could end up being in Manchester (or where ever Gladstones are based?)
I hope that makes sense and is the info that was asked of me?0 -
Does that mean this hearing could end up being in Manchester (or where ever Gladstones are based?)
No. It will go back to the DQ stage. Gladstones will ask for a paper hearing and/or their court. They will send you a blank DQ reply form for a paper hearing (N159). You ignore this and send back a N180 (oral hearing). The case will be allocated to your local court.
Assuming they don't just drop it as they've been paid.0 -
The letter has been treated as an application.
You may wish to consider asking for a variation requiring Gladstones to pay the defendant the sum of X within 21 days.
Something like the below might work - thereby tweaking the set aside, with the two documents to dovetail and be read together
UPON reading the letter if the Defendant dated X
IT IS ORDERED THAT
1. The order of DJ xxx dated [date] be varied as follows:
1.1. the claimant do pay to the defendant the sum of X paid to the Claimant in accordance with the order dated Y, set aside by order of DJ XX on [date]
2. the claimant do pay the sum of X to the defendant within 21 days of this variation to the order.
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The letter has been treated as an application.
Are you referring to the copy of the defence I sent after the deadline?You may wish to consider asking for a variation requiring Gladstones to pay the defendant the sum of X within 21 days.
I'll look into this. Presumably, would I file this using an N244 form, and have to pay some sort of fee? (From the looks the EX50 booklet, it'll be £50 to "Application to vary (amend/change) a judgment (or order)").
Presumably point 1.1 should read:
1.1. the claimant do pay to the defendant the sum of X paid to the Claimant in accordance with the [STRIKE]order[/STRIKE] judgment dated Y, set aside by order of DJ XX on [date]IamEmanresu wrote: »Assuming they don't just drop it as they've been paid.
Is this a "race against time" now? I.e. can they drop the case before I get the set-aside varied?0 -
I refer to this.
Presumably you sent something to suggest the judgment was unsafe.said to send my evidence again with the proof of the original email.
You could try writing another letter, but generally speaking an application would require a fee.
A claimant can discontinue at any time.0 -
So the latest update is that the DQ has been sent to the CCBC and Gladstones. Gladstones have also sent the DQ back to me with a cover letter saying that if I get in touch with them they will refund the payment I've already made.
Now my questions is: why would they want to give me a refund and take this to court given I've already paid them?
Weirdly, later in the letter it says "our Client would be happy to listen to any genuine payment proposals that you wish to put forward".
Slightly confusing. Any ideas? If I go to court and somehow lose, will the costs to me be more? I.e. can they add further costs to the claim?0
This discussion has been closed.
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