CCJ set aside

gwyndles

Hi Group

I managed to get a default judgment (CCJ) against a company. They didn't respond to any documents, despite everything going to their registered address as shown on Companies House (a reputable firm of accountants). I then managed to get an Interim Third Party Debt Order, and the full amount owed is currently frozen. In the meantime, the debtor has applied to have the CCJ set aside. The hearing for that is prior to the hearing for the Final Third Party Debt Order.

My questions for anyone who has any knowledge, experience or any comment at all really....are...

how tough are the judges when they're considering to set aside a default judgment? If the debtor claims not to have received the paperwork, or owe the amount...are judges likely to set aside? (both of these are bogus arguments btw - but I can imagine debtors going this route). The frozen amount is at risk if this CCJ is set aside, so I'm quite concerned about it. I haven't yet seen what their argument for setting aside is, paperwork's still in the post (I called the court and found out about it that way).

Really, looking for info on how difficult it is, in the absence of an issue with service, to turn a CCJ over.. Could a really determined and knowledgeable (defence) solicitor waffle on and on until they get their way, for example..?

Thanks,

Gwyndles (self representation)

Thrugelmir

If the hearing has been missed will require good reason.

Setting aside doesn't mean that a hearing won't still follow.

spacey2012

Is this a LTD company ?