CCJ set aside

Fridge_Emptier

I received in the post today two pieces of paper from the CCBC.
They are:
1. General Directions Order
2. General form of judgment or order

They state...

General Directions Order:

Upon the court noting that the defendant did not receive the separate particulars of claim:
It is ordered that:
1. Judgment is set aside
2. The claim is stayed

Note: This order has been made without a hearing under the Court's case management powers contained in the Civil Procedure rules Part 3. You may within 7 days of the service of this order, apply to the Court to set aside or to vary the order under Part 23 Rule 10. You must file with the Court, and server on the other parties, an application that sets out your reasons for objection. A fee is payable upon the filing of the application. When your objection is received the matter will be listed for hearing unless you ask the Court to vary the order without a hearing.

General form of judgment or order:

Before Deputy District Judge xxxx sitting at the [CCBC]

IT IS ORDERED THAT

the judgment against [little old me] dated [date] be and is hereby set aside.

I spoke to CCBC on today before the letter had arrived as I wanted an update.
They were not confidence inspiring as they thought I was calling about my set aside application, although they had on my notes that I spoke with them 2 weeks ago about why the set aside application had been rejected and returned to me.
They then said that CEL had applied to set it aside and when I questioned that the lady was not so sure and just said it had been set aside. She then got the dates wrong for when things had happened but I was relieved when she said a copy of the Order had been sent to me.

So, I suppose I have to wait now to see if CEL decide to have another go at this.
Is that what the 7 days relates to; so if I don't hear anything by then I can assume it's all done with?

KeithP

My understanding is that the 'seven days' mentioned is the time allow for either you or the claimant to object to the order that the court has made. Nothing more.

Coupon-mad

Great stuff! Let's not forget this can work well in any set aside case:

Originally Posted by IamEmanresu
Watching this one as it may be the Courts acting on some of the possible recommendations about default CCJ.

Perhaps the first line on any set-aside could be the lack of POC as the main reason for a default CCJ to be set-aside AND the costs being paid by the Claimant. The issue would then be for a judge to look at the PoC and if deficient, it will be a rubber stamped win with costs for the defendant.

Good idea, let's remember to do that in future set aside Witness Statements.

Fridge_Emptier

My understanding is that the 'seven days' mentioned is the time allow for either you or the claimant to object to the order that the court has made. Nothing more.

Thanks KeithP

I'll be on my guard then :-)

Fridge_Emptier

Coupon-mad wrote: »

Great stuff! Let's not forget this can work well in any set aside case:

Yes, a relief and without having to pay out anything, other than more grey hair and fewer hours sleep recently.

KeithP

Fridge_Emptier wrote: »

Thanks KeithP

I'll be on my guard then :-)

Should be easy to follow.

See those words "and serve on the other parties"?
That means that if the claimant objects to the court's decision, then they must let you know about their objection too.

That's if they follow the rules... but we know they don't.