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  • FYI the test (verbatim)

    Cases where the court may set aside or vary judgment entered under Part 12
    Civil Procedure Rule 13.3

    (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if:

    (a) the defendant has a real prospect of successfully defending the claim; or

    (b) it appears to the court that there is some other good reason why:

    (i) the judgment should be set aside or varied; or

    (ii) the defendant should be allowed to defend the claim.

    (2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.
  • Wiljuk
    Wiljuk Posts: 57 Forumite
    Well, the judge has set it aside BUT he is allowing CEL who didn't turn up 14 days from receiving notice from the courts to send out all their evidence to me. I in turn have 14 days to prep my defence. If I don't receive any documents the case is dismissed and CEL will have to pay my costs. If we are back in court then it is up to the judge who wins.

    He definitely said it was set aside. Let's see if they respond in time.
  • Good stuff. So 28 days total (some pre-preparation can be done now whilst awaiting the evidence).
  • Wiljuk
    Wiljuk Posts: 57 Forumite
    Yes most definitely, will have a look tomorrow.

    I wonder if they will respond. !!!55358;!!!56596;
  • System
    System Posts: 178,365 Community Admin
    10,000 Posts Photogenic Name Dropper
    I wonder if they will respond
    f I don't receive any documents the case is dismissed and CEL will have to pay my costs

    Yes they will; you'll be back in 28 days; they won't turn up but will have saved £255.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Wiljuk
    Wiljuk Posts: 57 Forumite
    Ok, the battle begins.
  • Wiljuk
    Wiljuk Posts: 57 Forumite
    Hi all,

    Need clarification.

    2 letters came today from my local county court. Both say in bold at the top General Form of judgement or order.

    One is the 5 points set out by the judge. Stating dates etc by which both parties must submit their evidence etc.

    The other states that the claimant recovers nearly £2500 of debt and interest. It states that I should pay the claimants sum by 19 July.

    This has come from the county court but it has at the bottom civil enforcement address for payment.

    What do I do???
  • Wiljuk
    Wiljuk Posts: 57 Forumite
    I should submit my defence by 8th August.
  • System
    System Posts: 178,365 Community Admin
    10,000 Posts Photogenic Name Dropper
    This has come from the county court

    Possible admin error at the court. Could you clean it and post it up in a dropbox.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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