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Kyosanto last won the day on February 8
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Yes, they did attach their defence, you can find their WS in post #103 and their draft defence was there as an attachment. The draft defence is on this thread in post #69 And yes indeed, none of their applications, letters, defences NOTHING, gives a proper reason why they needed more time or explains why they asked for an extension, other than it was necessary for them to get me to explain my claim better, which sounds like a lot of BS.
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I wanted court to send copies of their letters to me via email but as it's a fee paying service and I already got my notice of hearing, I'm good! Now my next question is, seeing as Tom's only argument for the set aside is that my claim is meritless, to which extent should I touch on that at the set aside hearing? I know that I need to focus on the fact that they had no reason to not defend if they really believed it to be true, first and foremost, however my gut feeling is to alsi show just a couple of outline bullet points showing that I was prepared to argue the case, with arguments in hand.
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I have now received my notice of hearing of application. (I don't suppose that anyone wants to see the .pdf) "The hearing of the defendant's application to requeest to set aside the judgement of 3 April 2025" will take place on July 29th at my local county court. The mail is dated 24th June and I wonder if that's the reply to the email I sent Monday. The copy of the N244 notice (which I had received previously from Tom & Gang) has 2 "received" stamps on it, one from Civil National Business Centre dated 22nd April 2025, and one from the local county court dated 12th June with a "No fee" handwritten on it. Barely a month until the hearing. Seems rather speedy! I wonder if the fee is still unpaid... Anyway I will start re-drafting my witness statement. Can you remind me how much time before the hearing it is to post it? 11 days, July 18th?
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Kyosanto started following Wizz Air flight cancellation and Huddle Utils Claimform - old joint student tenancy bill
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Huddle Utils Claimform - old joint student tenancy bill
Kyosanto replied to Unistudentsul's topic in Financial Legal Issues
Don't worry that is not a CCJ, just a court claim, you have plenty of time to defend it, you don't owe anyone anything at this stage. Make sure you do some reading up on these forums to prepare. Not knowing the difference between a judgememt and a claim means you have some catching up to do. -
Update and resolution: So the protocol at the student flats is that someone at reception signs for the parcel and sends it to the student's flat. Which in this case did not happen as Evri just dropped it on the desk with nobody there present. That said it's all a moot point because @cowshedonline immediately resent a parcel (this time to me directly so I can give it in person), no questions asked. And they will take it up with Evri themselves. Honest business and excellent service. Can strongly recommend. Hope they manage to recover the fees from Evri... who's fault it was again, after all. Topic can be closed, thanks!
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Ahah good to hear. they would definitely not be able to get away with just offloading pax and still operate the flight. That would be denied boarding and cost them £220, more than what they can sell it for. Besides, low costs make most of their money from ancillary fees anyhow, so I'm sure there is still some profit to be squeezed out of your son. Safe flights!
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I actually did ask the court when I called, and they said (the same thing that you guys said here) that there was nothing stopping me now for asking for enforcement but that they court might object to it. It's a lot of "mights" for something that costs £80 to enforce, therefore I'd really like to just tell the court "take payment already or throw this out" in some shape or form!
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Ok, thanks, I understand that my opposition to the SA needs to be in the form of WS, that I can't do it now (as no hearing date set), and I surmise that it's not a good idea to give a summary of any of my arguments at this stage for opposing the SA. Still I need to contact the court to ask them to email me duplicates of post. And I also want to take the opportunity to ask them to set that time limit for payment of fee, as @BankFodder suggested above. is a simple email with defendants on CC not good enough for this? Does it need to be a formal application for a court order or similar?
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I can write up a WS, I have a draft already posted above, but I dont understand the post of posting a WS now. As far I understand, what I need to do is -let the court know that I dont want the set aside to be considered wothout a hearing -gice the court am opportunity to close the case for non payment of fee I don't understand why the above needs to be a full WS?