Campervan deposit Court Claim - got default Judgement under wrong name! **CLAIM DISCONTINUED**

[dx100uk]

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get the answer to the question: how do I stop a court claim?

 

dx

 

[FTMDave]

In any case, don't discontinue straight away.

 

You might as well hang on a few days to see if he files a defence.  On the very, very, very, very small chance he doesn't (again) you would win by default (again).  I think the deadline is 1 December (your copy of the court order arrived 17 November so add 14 days).  Let us know if/when his defence arrives.

[Manxman in exile]

@moneydragon  -  apologies if this has already been covered, but I don't think you've explained what you are claiming and why the defendant (whether the correct one or not) is contesting it?

 

I assume from the set aside application that you eventually posted that you were claiming the return of your deposit, but the (wrong) defendant seems to be suggesting that you were in breach of the T&Cs of hire, and that you aren't entitled to a refund.

 

Bearing in mind you may already have chucked £35 away by suing the wrong defendant, are you certain that you have a valid claim in the first place?

 

Yes - not all deposits that are described as "non-refundable" are always non--refundable, but sometimes they are.  What is the precise reason why the hire firm won't refund you?  It might save you chucking away another £35.

[dx100uk]

we've only a small part of their T&C's here

 

to the OP:

 

please post up their full T&C's, and the date you paid that deposit and the date you cancelled and by what method you cancelled.

 

dx

 

[moneydragon]

Hi dx100uk

Attached are the only tc's that I have received I note that they changed them on their website in Sept.

I paid the deposit 25.4.22 and we notified him on 30.4.22 by email . I am also aware that he managed to rebook the hire so he did not loose out.

Hi FTMDave

I have received the following email today:

Firstly, please note I have today 22/11/2022 received the General Form of Judgment or Order dated 14/11/2022. 

It has been noted the judgment has been set aside after my explanation for the default, demonstrated a real prospect of successfully defending the claim and acted promptly.

My defence is remaining the same as per the application to set aside the judgement,  please see below:

This claim is incorrect and shouldn't be against me, I work for the company which the claimant is a customer of.

The claimant is trying to make a claim because he wasn't refunded his booking deposit which he forfeited when he cancelled his campervan hire booking as per the terms and conditions he agreed to.

I have been in contact with David Wall HMCTS | County Court Business Centre | Administrative Officer since 9th September via email because I was unable to login to the moneyclaim.gov.uk website due to MFA having my old mobile number assigned to the account.

This has still not been resolved and David has stopped replying so I have had to create a new Government Gateway ID to access this claim after spending 49 minutes on hold to the CCBS helpline.

I want to make a formal complaint about David and I want the cost of this set aside request refunded on the grounds that David and the CCBC delayed the response so I couldn't respond within 28 days.

I am requesting a full refund of £275 due to the delays in which the CCBC caused me to respond to the initial claim.

Do I now submit the N279 and re-issue and if so can you please advise how to complete it.

TIA

I am requesting a full refund of £275 due to the delays in which the CCBC caused me to respond to the initial claim.

How can he ask me to refund the £275 when as he states was down to CCBC

 

tc's.pdf

[FTMDave]

So all as expected.

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/961394/n279-eng.pdf

 

The form seems pretty straightforward.  E-mail it to the court and copy to the individual you sued.  Make sure in the "subject" field you put the claim number as well as the names of the two parties.  Obviously click on the "Return Receipt" tab.

 

So that's the claim dead & buried.

 

Are you sure chargeback is a no no?  It might save you the hassle of a court case.

 

 

[moneydragon]

Thank you FTMDave

I google chargeback for bank accounts which stated that I have 120 days (4 months) to make a claim and I made payment in April

[FTMDave]

Something in your favour - your opponent is an idiot.

 

He did pay £275 which he'll never see again, when he could have paid you £260 and be done with it!

 

He's not claiming the £275 from you.  He's saying he wants it refunded by the court because an overworked member of staff didn't hold his hand sufficiently when MCOL wouldn't work.  Good luck to him with that.  He could have used e-mail or snail mail or fax instead.

 

It's the judge who made the order who decides on costs, and the judge didn't order you to pay anything.

 

So if chargeback is a no no, and you're confident you have a good claim -  read Manxman in Exile's post 31 carefully - after you've sent the N279 then issue a new claim.  If you want to go through the reasons for your claim before, we'd be happy to help. 

[moneydragon]

I have completed the top box with claim number etc and ticked  "discontinues all of this claim"

 

then entered the defendants name in the box against the (defendant). Printed and signed and will then email over to court and the defendant.

 

Sorry, Im being thick here when you say "Obviously click on the "Return Receipt" tab" where's that

[FTMDave]

Whatever function is on your e-mail programme to show that the court has read the mail.

[moneydragon]

Thank you FTMDave I did think that was what you meant - sorry been a long day.

 

Anyway, all been sent off now and I would like to take the opportunity to thank you so much for all your patience and help you have given me, dont know what I would of done without your help. You're a star.

[moneydragon]

Update

 

I have not heard any notification from submitting the N279 but, I have today received notification of allocation to small claims court which was dated 24.11

 

does this mean that they have ignored my N279 and that it is going ahead

[dx100uk]

ring and check they got it?

 

dx

 

[FTMDave]

On the face of it, yes.

 

Courts are understaffed and overworked and it takes a while for them to read communications.

 

I think you should phone the court as soon as practicable.

[AndyOrch]

Is it a Proposed Notice of allocation with a Directions Questionnaire (N180) or have you already completed and filed a DQ ?

 

 

.

[moneydragon]

Andyorch, yes it is.

 

I have jus checked I sent my n279 via email on 22.11 and received a read receipt dated 25.11

[moneydragon]

finally got through to the court who confirmed that it went out before they got around to my email and case has been discontinued.

 

Panic over.

[dx100uk]