Cabot/Mortimer letter threatening court action/Ccna arrived

[Celestine]

The court will almost certainly set aside the judgment without issue, however usually this means that everything 'starts over' and you will defend the case as if the first judgment had not happened.
I would be surprised if the court awarded anything other than the fee for applying for the set aside, the £19 p/h litigant in person costs will be less likely to be awarded, but if the case moves forward then keep a track of all time spent by you defending the case.

[Tiger20]

Celestine Hi Celestine,

thanks for your response as always.

the fee meaning the £275 cost I paid to the court to initiate this case? That’s what I was referring to, stupid question but is this automatically granted or will this have to be something I raise discuss on the day?

I wasn’t aware of the £19 hourly litigant in person costs, does this refer to time spent in the court throughout the duration of the case, or include the time I’ve spent preparing evidence etc outside of the court?

in regards to this effectively starting over, my next steps if successsfully set aside is to deal with MC directly to arrange payment so this shouldn’t cause me any issues.

thanks

[Tiger20]

Celestine Hi

went to my hearing today which didn’t last long at all, the other party didn’t turn up and the judge agreed to remove this given the latest communication from the claimant.

the judge mentioned that the claimant agreed to set aside (which I was aware of) but also, said they had issued notice of discontinuance of that claim.

she also awarded them to repay me the costs of my court application £275 given the circumstances they pursued this.

I am confused as to what happens now, the part I understand is that the record will be removed from the register.
Would you suggest I reach out to the claimant and make arrangements to repay this amount now? The judge said she cannot comment on what happens now, as to whether they raise another claim or not but it will cost them and she isn’t sure they will pursue it.

I guess in that situation I’d like to lean on your opinion, reach out to them now to make arrangements, or wait until o hear from them to arrange this?

thanks!

[MIKE770]

they have discontinued they feel no case, so sit back get your fee and relax end of. for now and probably forever well done.

[Celestine]

That is excellent news. The fact they have discontinued means they have fully abandoned the claim against you rather than just accept the set aside. The record of the CCJ will be removed from the register, usually within 4-6 weeks. Definitely do NOT reach out to them and offer any payment, their reckless litigation has cost them dearly and the ball is now in their court.

[Tiger20]

I must say I’m delighted with these responses as I didn’t think this could’ve been an outcome. I was under the impression I would be able to get it set aside and it would revert back to the claim stage where I get the chance to present my responses before it goes to the courts.

thank you all so much for the help on this I couldn’t have done it without this support!

i will keep an eye on the CCJ on my file and monitor it dropping off.

given these circumstances do you think it’s possible to have e their default removed too? Or too much to ask as this is still something the court seems would be fair for them to issue?

thanks

[Tiger20]

Celestine Realised I didn’t tag you

[MIKE770]

If default fa t it stays

[Tiger20]

Celestine hi again, hope you’re well!

I have a quick question, the court ordered Cabot refund me the £275 cost I paid to initiate the set aside process and in the letter I received from the court they said they must pay this by 5th October 2022.

I received an email from MC two weeks ago asking for my bank details and replied immediately but have still not received payment. I did send a chaser on the 5th reminding them but no reply.

what do I need to do now? Just wait until they’ve paid it? Or is there a more formal way to chase this via the court?

thanks!

[Tiger20]

No worries on this - seems they made the payment today thanks again!