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Judgement for Claim (in defalult) - PCM & Gladstones

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Comments

  • Coupon-mad
    Coupon-mad Posts: 131,777 Forumite
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    Looks OK to me, did you never file a WS in the end? Have you been able to provide the Court with the employer's email you showed us as evidence already, as that is very useful?

    Needs to be headed with the single word: DEFENCE (not 'statement')
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • MORB
    MORB Posts: 72 Forumite
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    Ok will change that.

    I filed an initial WS but that was prior to obtaining the email from my former employer. I did not file a supplementary WS due to running out of time / work commitments etc.

    I have reference the email in my defence (para 22), would you suggest doing anything in addition?
  • Coupon-mad
    Coupon-mad Posts: 131,777 Forumite
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    Well at some point the email will need filing as evidence before the hearing. Is this now proceeding like a non-set aside case, where you will later be given a court date and a chance to file evidence?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • MORB
    MORB Posts: 72 Forumite
    edited 17 April 2018 at 1:25PM
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    I don't think that has been established yet. The judge advised me at the hearing to submit a fully particularised defence, including everything I "wish to rely on"

    The last correspondence I received was the 'General Form of Judgement or Order'

    Stating

    "Upon hearing a letter from claimant and hearing from Defendant in person:

    IT IS ORDERED THAT

    Judgement dated xxxxxx 2017 be set aside provided that by xxxxx date the defendant a fully particularised defence."

    Obviously I still do not know what Gladstones filed!!
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Nope and you will not do so

    As long as you get your defence in, then the C will have to start again with a new hearing date

    I hope your draft order asked for costs in case they discontinue...
  • MORB
    MORB Posts: 72 Forumite
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    Ok, so I'm going to send the defence today to Gladstones and the Court as it appears here: http://!!!!!!/2H3fMsg.

    @nosferatu1001 I added :

    "Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;"

    In my initial witness statement.
  • MORB
    MORB Posts: 72 Forumite
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    That is now in the post to Gladstones and the court.

    Do I now send an email to Gladstones? If so would really appreciate some specific guidance on that as I got confused as to how to format it correctly.
  • MORB
    MORB Posts: 72 Forumite
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    Hi folks.
    I recently called the courts and they confirmed they had received my defence by the date set down by the DJ.
    I've now received a letter from a different DJ that reads:

    IT IS ORDERED THAT
    1. The Claimant to file and serve a reply to the defence by xx May 2018.

    2. The court having made this Order without a hearing, either party may apply to set aside or vary the order within 7 days of service of the Order.

    How should I respond to this?
  • KeithP
    KeithP Posts: 37,655 Forumite
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    MORB wrote: »
    Hi folks.
    I recently called the courts and they confirmed they had received my defence by the date set down by the DJ.
    I've now received a letter from a different DJ that reads:

    IT IS ORDERED THAT
    1. The Claimant to file and serve a reply to the defence by xx May 2018.

    2. The court having made this Order without a hearing, either party may apply to set aside or vary the order within 7 days of service of the Order.

    How should I respond to this?

    You don't need to respond to it.
    It is an order to the Claimant to respond to your Defence.
    File it.
  • MORB
    MORB Posts: 72 Forumite
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    I'm just confused as the previous correspondence from the DJ was that the order would be set aside providing I filed my defence by the date requested, which i did as mentioned.
    This now seems not to be the case?
This discussion has been closed.
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