UK Passport Office CCJ Threat

[Amethyst]

Re: UK Passport Office CCJ Threat

You may have to wait a while for the Ł155 unfortunately, as Mr Howard is currently under bail conditions and his assets seized by Trading Standards, unfairly, this means he is unabel to pay any court costs awarded. It does also mean he's unable to proceed with cases against consumers, so that could well be the end of it. The set aside means that the judgment will be removed from your file. Give it a few weeks and then if you haven't had anything further from the court about the defence you should call/visit them and ask how to proceed as you want your costs back. If we can proceed and defend the case you'll get the Ł155 added to the costs order, then have to wait for the criminal proceedings to finish (and doesn't sound like the first court date will be until next september!) - But on the good side it's worth the Ł155 to get the CCJ off your daughters credit file.

[Mr $quandaŁot]

Re: UK Passport Office CCJ Threat

My understanding is that if the judgement is set aside, the matter is practically concluded i.e. the judge has concluded that you don't owe the money.

[FlamingParrot]

Re: UK Passport Office CCJ Threat

My understanding is that if the judgement is set aside, the matter is practically concluded i.e. the judge has concluded that you don't owe the money.

Not necessarily, the claimant can issue a new claim, however, Mr Howard probably won't be doing that any time soon.

[Amethyst]

Re: UK Passport Office CCJ Threat

The original claim is still live, setting it aside reverts it to the beginning - ie as if you just received a claim form - however the draft defence was entered with the set aside application and it is unusual for the set aside notice not to give details of next steps, so actually talking to the court is a good idea if you can ever get through, just to ensure it doesn't proceed to a default judgment or anything daft.

[helmbarrie]

Re: UK Passport Office CCJ Threat

My daughter was very pleased to get the matter set aside. In September she got a letter from the Court. I have got her to send me a photograph of the document on my phone. It states that : The Claim is struck out. It then includes the following paragraph :

CPR 3.3(5)

Because this order has been made by the Court without considering representation from the parties, the parties have the right to have to have he order set aside,varied or stayed. A party wishing to make an application must send or deliver the application to the court ( together with any appropriate fee) to arrive within seven days of service of this order.

I presume that this means the defence will now not be needed. I will help my daughter to claim back the fee paid by me but it would have been appropriate to make a claim against BPS for these costs.

Thank you for all your help in this matter, it is much appreciated.

Regards

Helmbarrie

[EXC]

Re: UK Passport Office CCJ Threat

Nice one!

Yes now the claim has been struck out (as opposed to being set aside) there's no need for you daughter to file a defence or do anything further.

As for claiming back the set aside fee I'm not sure whether you can do that through the court but no doubt [MENTION=6]Amethyst[/MENTION] will know.

[Amethyst]

Re: UK Passport Office CCJ Threat

My daughter was very pleased to get the matter set aside. In September she got a letter from the Court. I have got her to send me a photograph of the document on my phone. It states that : The Claim is struck out. It then includes the following paragraph :

CPR 3.3(5)

Because this order has been made by the Court without considering representation from the parties, the parties have the right to have to have he order set aside,varied or stayed. A party wishing to make an application must send or deliver the application to the court ( together with any appropriate fee) to arrive within seven days of service of this order.

I presume that this means the defence will now not be needed. I will help my daughter to claim back the fee paid by me but it would have been appropriate to make a claim against BPS for these costs.

Thank you for all your help in this matter, it is much appreciated.

Regards

Helmbarrie

Ahh haaa haaaa brilliant Yep it is now all over. WELL DONE How great that the court has decided off it's own back without you needing to make further representations

The fee paid for the set aside, yes you should ask the court for it to be ordered to be paid by the other side, however, it won't be paid until at least next October by the sounds of it ( and ridiculously it might take a further application to get the costs order against Richard!)

It won't be paid because TS have seized all of Mr Howard;s assets and he is unable to make any payments, plus because criminal proceedings are in progress no judgments can be paid that even vaguely relate to the issues being investigated ( I disagree but TS have distinctly more say so than I do ).

Even though you have paid out that Ł155 it went to the court rather than into Mr Howard;s pocket, so hopefully that is some comfort.

Have you checked that the CCJ has been removed from your daughter's credit file yet btw?