Process for setting aside a CCJ judgement in default?

Nicecuppatea

Hi,

I'm a forum newbie so apologies if I have posted this in the wrong area...

We've been awarded judgement in default because the person we brought the claim against didn't reply to the papers. We emailed them to him and to the 3rd party he engaged to help him and also informed them that we'd received our hard copies and reminded them to look out for theirs.

Now we've heard, 3 weeks after being awarded judgement that they plan to appeal. I believe they will do soon the grounds that they didn't receive the papers. Given the emails we sent, this isn't credible. MCOL won't tell us what the process is when someone tries to get a judgement set aside other than the defendant pays £80 and submits an N244 form.

Can anyone enlighten me? Searches on the net have drawn a blank. I can't imagine we wouldn't be informed of the defendant's reasons and allowed a right to reply.

Any informed views most welcome. Thanks

Lensman_2

I am not qualified to answer your questions in detail. Sorry.

What I do know is that, should they succeed, you will be placed back to the start of the claim. They will still need to enter a defence and that defence will need merit.

Are you a litigant in person or represented?

Oli.s

If sucessfull it will revert back to the per hearing stage.

Has he emailed you to say he's received the papers? Just playing devils advocate hear but just because you emailed him to say then papers were on the way doesn't prove that he ever received them.

I'm not sure of the exact process and if the court actually checks to see if there is proof that the papers were delivered on if they just believe him.

Nicecuppatea

Hi,

Thanks for the replies. In answer to your question, we are representing ourselves.

WRT sending papers not equalling receipt, I've been told the court sends the papers and it is the defendant's responsibility to prove they didn't receive them. There was a case I found where the papers were posted on someone's Facebook wall and this was deemed by the courts as being officially delivered so I'm hopeful that having mailed him with the initial claim doc which contained court address, case number, date etc. that he can't reasonably claim awareness. And his 3rd party replied to the mail so it was read. I just want to be sure we are given an opportunity to hear his reason for setting the judgement aside and a chance to counter it if he is trying to pull a fast one.