Notice Of Proposed Allocation To The Small Claims Track Query

[TheCrow]

Hi,

I have recently had a ccj registered against me from Hoist Finance, I acknowledged the service, but failed to file a defence in time due to a sudden family bereavement and my head being a mess trying to file a defence

I applied for a set aside judgment 2 weeks after the ccj was awarded in default and a telephone hearing was made, the set aside was ruled in my favour after filing a defence and the subsequent telephone hearing

I have since received from the court Notice Of Proposed Allocation To The Small Claims Track, for which I will post a summarised / redacted copy with identifiable information removed


Important Notice


If you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement


TAKE NOTICE THAT

1. This is now a defended claim.
A copy of the defence has already been sent to you by the defendant

2. It appears that this case is suitable for allocation to the small claims track.

3. You must by xxxx complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office xxxxxxx and serve copies on all other parties


IT IS ORDERED THAT

1. The judgement against xxxx dated xxxx be and is hereby set aside

2. The defendant's application notice dated xxxx shall stand as the defence

3. The claimant shall serve any reply to the defence by xxxx on the xxxx and in any event shall by xxxx on the xxxxx send to the defendant copies of the Consumer Credit Agreement, the Deed of Assignment and the Default Notice

4. The defendant shall pay the Claimant's costs of the application summarily assessed in the sum of xxxx to be paid by xxxx on the xxxxx.



My questions are as follows

1. As the defendant do I fill out and print form N180 and post a copy to the court office, a copy to Howard Cohen & Co Solicitors, a copy to Hoist Finance UK Holdings 3 Ltd ?

2. Does the above have to be sent recorded / signed delivery for the purpose of serving copies to all parties


Where it says The defendant shall pay the Claimant's costs of the application summarily assessed in the sum of xxxx to be paid by xxxx on the xxxxx


3. Do I pay this to the Claimant which is listed as Hoist Finance UK Holdings 3 Ltd or do I pay this to the court or to the solicitor acting on behalf of the claimant which is Howard Cohen & Co Solicitors ?


In regards to paying the Claimant's costs of the application

4. Is there any detriment to the case not paying in time ?

I'm on a low income and costs are around £500, unless I can get a loan from family I estimate I'll need an extra 2 weeks after the due date / time to get the required costs together unless I can get a loan from a family member

5. If non payment in time may be detrimental, can I apply to the court for more time to pay ? If so how do I go about doing this ? eg Can I write to the court and send next day guaranteed delivery via post asking for more time to pay



In regards to serving copies on other parties of form N180

6. Do I wait until I see if the relevant documents turn up (Consumer Credit Agreement, the Deed of Assignment and the Default Notice) before agreeing or disagreeing to mediation ?


It's my understanding I'll have time to still serve form N180 on all parties and the court as I have 5 additional days for serving after the claimant's deadline in reply to the defence




It's mainly paying the claimant's costs that's getting me worried with being on low income, and trying not to jeopardise how far I've got so far



Any help / advice would be greatly appreciated, with Kind Regards

[jaguarsuk]

Answers to your questions:

1. Yes, there is a link below in my signature to guide you on how to fill it in.

2. No, first class and get a proof of postage receipt.

3. If an order has been made that you pay costs you pay them to the claimant, write to them to ask how they'd like to be paid and where?

4. In writing to them and ask if they will accept you paying in a payment plan? Explain why?

5. You would have to make an application to vary the order, the cost would be £54 I believe, but check with the court and use form N245 to apply.

6. No you agree to mediation now and they will ask you if you have all the relevant documents prior to mediation, if you do not then mediation will not go ahead and a hearing date will be set.