Claimant agreed to set aside- What next?

[R0b]

Re: Claimant agreed to set aside- What next?

Leave everything as it is and amend what is covered in brackets. You will also need to include the claimant's name as it was on the claim form and also assuming the claim was issued using Money Claims Online then the relevant court is Northampton County Court Business Centre. Also if you know the date of judgment entered (the court should be able to confirm this if you don't have the document to hand) then insert that too. Finally you will need to amend the address details, put the claimant's address at the bottom and I would remove the brackets where it says [Solicitors for the].

It would be usual to include a payment within 14 days but you could be cheek and extend that to 28 days if you wish but they might reject that.

I would send it to them and get them to sign it first and send it back - I would also suggest you make the application yourself but again its your choice.

Again, I would think that sending by email is a lot faster than simply recorded delivery and waiting for them to reply, and its cheaper too. BW Legal have an email address enquiries@BWLegal.co.uk if you send it there and put a relevant subject title in the email i.e. "URGENT - Claimant Name v Your Name - Application to set aside CCJ" and then give them a call an hour or so later and chase it up.

Time is not on your side and you need to be swift, so I would also suggest you consider preparing your application and fill it in. If BW Legal come back and refuse your consent order then you will obviously have to take steps to issue the application anyway.

If you want a sense check before you send it, upload it on here and we can check it over bearing in mind not to include personal information when you upload.

[timster]

Re: Claimant agreed to set aside- What next?

Apologies for the delayed response/ updates.

I sent them the edited draft order as you said [MENTION=71570]R0b[/MENTION] and will attach a redacted version.

When I read through it, I was a little concerned about the fact it didn't mention anything about the claim form being sent to the wrong address.

I had to send it without putting up here as it was 1am and I was due back on site at 5 with the possibility I wouldn't have access to email until 8pm due to the security of the site Im working on.

As the main thing everyone is scared of is the 'acting quickly' part, I figured it needed to go. I was able to use a phone to confirm with the solicitor that he had received it at 9am though.

Anyways, the deadline was 10 am today and Ive heard nothing from them.

I rang the solicitor to see what the score was and he said he would contact them this afternoon but not sooner.

I may need now to submit the claim form and a defence. This seems to be a backwards step somehow and something I would rather not have to find the time for.

I may have to get a solicitor.

[timster]

Re: Claimant agreed to set aside- What next?

The email and consent form attached.

I've just noticed an error in my email with the figures but now hoping that they would know the figure I was meaning by the numbers and also the numbers on the claim form.

As an aside, is it not now thought of by the courts/ legal system etc that the system that is in place to protect companies from not being paid is now being abused basically by parking companies. It seems a bit crazy to me and like I said, a little bit unjust.

Also I have done a freedom of information request to the DVLA which should prove that they knew our current address at the time of submitting the claim.

[Amethyst]

Re: Claimant agreed to set aside- What next?

As an aside, is it not now thought of by the courts/ legal system etc that the system that is in place to protect companies from not being paid is now being abused basically by parking companies. It seems a bit crazy to me and like I said, a little bit unjust.

It is - there is quite a lot going on in the background regarding Parking Co's abuse of the court system. Might be a question in parliament in coming weeks plus there's a consultation on claims issued to wrong addresses which you can have an input on ( please ) http://legalbeagles.info/forums/show...-change-things

( docs haven't attached to your post btw - email me if you're hitting a brick wall uploading them - admin@legalbeagles.info )

[timster]

Re: Claimant agreed to set aside- What next?

No issues uploading apart from forgetting!

[timster]

Re: Claimant agreed to set aside- What next?

Ive filled out the consultation to the MOJ over Christmas as someone from the Daily Mail who I contacted sent it to me.

Whats really annoying is the court process seems to be part of the problem.

I loosely get how things work with 'precedents' etc but there really should be a more robust formula for deciding whether someone has sent a claim form to the right address or not, surely.

[charitynjw]

Re: Claimant agreed to set aside- What next?

For info.....2nd reading due beginning of Feb
https://services.parliament.uk/bills...fpractice.html

[timster]

Re: Claimant agreed to set aside- What next?

Really struggling as to what to do now.

Just got home this morning and do I spend a valuable weekend with my kids or spend it filling out the N244 form and preparing the defence etc

I am close to the edge here, its not helping that both the solicitors and the parking firms are within an hour and I am just feeling like driving to 'see' them and really earn a date in court

[Amethyst]

Re: Claimant agreed to set aside- What next?

Spend the weekend with the kids, put this to the back of your mind. The ball is in their court now following your letter and draft consent order. They will probably have to redraft the consent order to add a schedule and sort out the numbers so I doubt they'd do that till Monday anyway, and if they did come back and say no, you can do your application then.

[R0b]

Re: Claimant agreed to set aside- What next?

Unfortunately Timster its a difficult situation, if the lawyer says they will speak to their client in the afternoon but no later then there is not much you can do on that front. You could try and give them another call at 3pm and see if they have spoken to them to obtain further instructions. If they still haven't then maybe you want to suggest that they have until 4pm to confirm their position otherwise you will press ahead and make your application - make sure to follow that up with an email to that effect too.

If they don't respond then your only option to move things forward will be to prepare your application and send it off first thing Monday morning. It's a waiting game and this is exactly why you need to be preparing your application and defence whilst you are waiting so in the event that nothing is forthcoming, you can submit it immediately. The fact that their client is failing to give a response to you after giving them sufficient time (and that their lawyer said they will contact them) is further cause to seek your costs of preparing the application.

Of course you could spend all weekend preparing your application only for the claimant to come back to you on Monday and consent to the set aside which would no doubt aggravate you some more.

[timster]

Re: Claimant agreed to set aside- What next?

They did email back in the end with a similarly worded letter attached to first one.

I replied to the email and said to have their client sign and send the consent order asap to which they replied that their client would sign and send it as soon as they received the money.

I think there was some confusion all round.

I don't know whether to go with it and risk it not getting set aside or to submit application to set aside based on not receiving the claim, but what then for a defence if we did indeed enter the car park and leave 20 minutes later after feeding a baby.

[Amethyst]

Re: Claimant agreed to set aside- What next?

The letter backs up the agreement, the set aside is because of the address issue, and you've agreed settlement - there's no reason it shouldn't go through with the court. I do understand you'd prefer the set aside to be done first before you pay the money though I guess it feels like there's no guarantee, and no comeback on the claimant if the court refuse - but some times we can overthink things.

And yes, this is why the system needs an overhaul.

[timster]

Re: Claimant agreed to set aside- What next?

Paid and will see what happens

Thanks again to all.

[timster]

Hi everybody,

Could someone help or point me in the right direction of the info as to how to fill out the N244 form for our particular case.

To cut the long story short-

Solicitors/ Parking Menaces have sent back the signed Consent Order after agreeing that they sent it to the wrong address and us reluctantly paying them an agreed sum.

I now need to send the court form off and pay the fee but want to get it right.

Thanks all.

[Amethyst]

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