2 backdoor 2016 CCJ's - Excel/BW for 2x2015 PCN's - both set aside by mutual consent orders etc - now seems 1 didn't, found re-registered backdoor CCJ - help

[dx100uk]

i've again done some serious tidying of the thread which now clarifies the story.

 

i now believe it is clear that a procedural court error did happen back on 17 june 2017 hearing after the successful set aside of both CCJs

the hearing was on papers only, neither you nor BW attended.

one ccj for some unknown reason did not get your papers filed against it, even though you duplicated and filed AOS, N180, defence etc for both reset claims.

 

i would be ringing BW legal up.

you have a copy of their agreed consent order 68CJ pdf above 

explain the above.

 

ask them if they will discontinue the case as an existing consent order exists.

id not will they agree to a new mutual consent order 

 

 

[Lilypad1]

Hi dx

many thanks for your help with this 

 

the hearing is tomorrow

I called the court last week and asked it to be struck out

they said I could send an email requesting this but the hearing will take place and this will be considered at the hearing

 

I did call BW when this was first resurrected but they weren’t interested 

 

The other thing is

 

I would like to recover my costs

is it best to actually attend?

 

I would like to ask for my set aside fees returned for both of the cases

 

- is this possible? 

 

Thanks

 

 

[dx100uk]

yes attend

 

pers i'd simply say to the judge that back at the papers only hearing of 17 june 2017 there appears to have been a court error as i've explained above.

 

no you cant get costs back

you've signed 2 consent orders waiving costs.

 

dx

[Lilypad1]

The judge removed points 3 and 4 of the consent order which were 

 

3. allocated to small all claims track - allocated directions

 

4. no order as to Costs 

 

I’m not sure what 4 actually means so does that mean I can apply for costs? 

 

Will the the judge not look at any of the claim then? 

Do I need to be clued up on the contract in case? As I’m not entirely sure why it isn’t a contract. 

 

Mr Booth who won his case on the signs and the the contract wasn’t valid. He said Their contract dated 2009 (same as I gave) isn’t a contract. It is a notice of intention? 

 

Thanks 

[dx100uk]

you are standing in court because this is the result of a previous court error

 

IMHO it was a waste of time even bringing up anything about the parking ticket.

you don't need to defend the original claim

you have in your hand a black and white consent order agreed with the claimant to it's aside.