Judgement for Claim (in defalult) - PCM & Gladstones

KeithP

Well as the Order says, if you wish to object to the Claimant being given that time to reply to your Defence, then you can object to it.

But wait... the set aside has taken place hasn't it?

You have now filed your Defence for the rehearing (probably not the right word).
The Claimant now needs to respond.

[Deleted User]

Set aside has happened.

So, following the first order there was a detailed defence to a poor set of particulars. The court has sensibly now directed that the claimant does a reply (usually optional) because otherwise the various issues you raise will not be dealt with until witness statements.

I know the rules are often flexed, but witness statements should really just be used to tell the story, not to shore up the original pleading because it was "a bit pants."

MORB

Ok - Thank @Johnersh.

In that case any idea how long it will be until the CCJ to be removed from my record?

Quentin

It will be gone now from the Register - it takes a little longer for the credit ref agencies to update but should all be done within a month

KeithP

MORB wrote: »

In that case any idea how long it will be until the CCJ to be removed from my record?

It should've gone from the official register as soon as the set aside was confirmed.
The official register being www.trustonline.org.uk

Bear in mind that the commercially available copy 'registers' may not get updated for up to a month later.

MORB

Hi all - I contacted trustonline who subsequently spoke with the CC, who in turn, have confirmed:

"the judgment is correctly registered and still outstanding.



Please contact the County Court who will be able to clarify the conditions on the Order which need to be met."

I will be calling them a little later but wanted to post here to get some opinions. Not for the first time i'm a little confused?!?!?

MORB

I confirmed with the CC the judgement hasn't been set aside and the new DJ has decided to 'raise' a new order which it seems supersedes the former. No reason given for why this was done.

Should I apply for this new order to be set aside?

KeithP

MORB wrote: »

Should I apply for this new order to be set aside?

Difficult to say - without knowing what this 'new order' is.

Does the 'new order' give the parties seven days to object to it?

[Deleted User]

Does the 'new order' give the parties seven days to object to it?

It almost certainly will do.

I suggest the o/p gets the last 3 orders (including the one most recently made) and photographs/scans them via Dropbox on here. This is now sufficiently unusual that generic comments could take this in entirely the wrong direction.

MORB

@johnersh - correct it does give 7 days the 17th being the last day to file that objection/application to set aside (ie, will need to be sent guaranteed next day post today to be within the 7 days).

The 2 most recent orders are verbatim (save potentially identifying details which I've redacted) in posts 95 & 99 respectively. I will fish out the initial order tomorrow and post the same verbatim first thing.

FWIW - the CC confirmed nothing has, as yet, has been filed by Gladstones in response.