Set aside granted, What to put in the defence statement? |
Set aside granted, What to put in the defence statement? |
Tue, 23 Jan 2018 - 17:12
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#1
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Member Group: Members Posts: 49 Joined: 14 Mar 2011 From: Portchester Member No.: 45,094 |
Hi everyone,
It was nearly 4 years ago since I was last needing to make use of the valuable advice found on this site and things have changed. The Judge has granted a set aside, of a CCJ issued 4 years ago but has referred it back to court, where the defence has to be submitted within two weeks time. I am reasonably happy to produce a Witness statement, but any advice offered would be gladly received. Basically, it concerns an alleged overstay in a pay and display car park at Fistral Beach, Newquay. At the time the car park was overseen by Parking Eye, but now I read that they have been replaced by SMART? Would this have any bearing on the new hearing? Many thanks |
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Tue, 23 Jan 2018 - 17:12
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Fri, 25 May 2018 - 13:29
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#21
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Member Group: Members Posts: 118 Joined: 18 Mar 2017 Member No.: 90,938 |
Plus the half day loss of leave / earnings, capped at £95 - incliude copies of this. I really wish judges would raise the question of costs - its small claims, not everyone there can be expected to know every detail. Agreed, my first county court visit was where a customer thought he could convince the judge that he had overpaid me; thankfully I had upped the stakes by counterclaiming and stating that in fact, there was no overpayment but I remained unpaid on my last invoice to him. Much like, I imagine, most people on here, when I got the court papers I nearly collapsed but the more I learnt, the more certain I was that this wasn't Rumpole. I won, to much foaming at the mouth by Mr Cocky, but just to kick the boot in the judge was very helpful and put words into my mouth regarding loss of earnings, travel, hours spent on the defence. This was in a pretty pre-internet age and although I'd done the defence / counterclaim well enough I had absolutely no clue about costs. Thanks to that judge when it happened again (thankfully I only had to go to court twice in 10 years over customers) I was totally on the ball. Courts generally can be helpful, indeed on that second time they waived the bailiff fee when I was at rock bottom financially - it was a huge amount owed. (In fact 2 days after getting payment I ditched self-employment forever). I just wish they all could be as helpful, all the time. This post has been edited by publicenemyno1: Fri, 25 May 2018 - 13:30 |
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Sat, 26 May 2018 - 09:31
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#22
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Member Group: Members Posts: 49 Joined: 14 Mar 2011 From: Portchester Member No.: 45,094 |
The judge, in the same breath when he said the claim wasn't successful and without hesitating also said without costs. So it was pretty obvious he wasn't going to entertain it.
My son-in-law was just over the moon that the CCJ against him should now be erased. We are aware that this should have happened once the decision was set aside, but the Courts are saying it takes time and the credit reference companies are saying they cannot do anything until the courts inform them. We are hoping that now the case is won, the records will be put straight. |
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Tue, 29 May 2018 - 00:50
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#23
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
May as well write and ask for the £255 set aside fee though, it's a huge amount to be out of pocket for no fault of your own.
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