CCJ Set Aside

ShakeItOff

Thanks Nosferatu, I wasn't sure if this was the same for a set aside hearing rather than a standard court claim.

I'll take a look over on Pepipoo too, looking out for Southpaw.

nosferatu1001

In a normal claim the first thing you do is send a defence

Here you have to flie with court and serve on claimant
- witness statement
- draft order
- defence

ShakeItOff

Ah. I haven't sent anything over to the claimant, just three copies over to the court, as they had requested. Should probably get on with that!

Thanks Nosferatu!

ShakeItOff

I'm getting very confused now. The more I am reading, the less seems to make sense. Please could someone clarify:
- Do i need to send the WS and DO to the Claimant? (I've read a post from Quentin on a different thread to say that the court will do this)
- Do I need to send a copy of a defence to the court and claimant in advance of my set aside hearing? (this seems like I am showing my hand when I don't even know what the POC was - I haven't yet written my draft defence)

I'm really sorry to keep asking, but I'm getting increasingly anxious.

Coupon-mad

Well I don't think you are planning on 'filing a defence on the day' so people here who do set asides never include any defence with the N244 and WS & Draft order.

You should have the basics of a defence with you as a crib sheet, but at a set aside hearing you wouldn't be filing it yet.

ShakeItOff

Thank you Coupon - I really do appreciate the help. I am scouring the internet for the PoFA compliance angle, as I have received the SAR now. I have Schedule 4 printed out and will take my notes in with me.

Does the court send the Claimant the WS and DO, or is that for me to send out?

Coupon-mad

Errrm, did you miss Q9 on the form? The guidance notes tell you all of this!

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/772448/n244-notes-eng.pdf

ShakeItOff

Yep, totally missed as the front notes on the guidance CCBC sent by email said it wasn't necessary to complete Questions 4 to 9a (9a being the service address), and so I didn't complete them.

Best send BW Legal a copy tomorrow by email.

ShakeItOff

And in today's inbox, a "without prejudice save for costs" arrived.

We write with reference to the above matter and your application to set judgment aside, due to be heard on February 2019.

Upon reviewing your application, our client is confident that there is a sufficient case to oppose your application and seek its dismissal.

Notwithstanding the above, our client remains willing in trying to resolve matters with you without the need for any further involvement from the court. As a result, our client has instructed us to make you an offer of settlement in order to avoid either party incurring any further costs. The offer is a show of goodwill on the part of our client in trying to resolve matters with you on amicable terms

The offer below has no bearing on any advice we have given our client regarding the merits of their claim and our client remains confident that if the claim does proceed to a hearing, the court will find in their favour.

The Offer

Strictly without prejudice, our client is willing to offer you a discount on the total balance due. If you take advantage of this offer, the amount you will need to pay in order to satisfy our client’s claim is the sum of £165.00 (which is inclusive of interest and our client's costs and fees). This offer will expire at 4pm on February 2019 so it is important that you contact us before this date.

On the basis that £165.00 is received in cleared funds, our client will consent to set aside the judgment against you by way of Consent Order, a copy of which is enclosed for your consideration and signing.

We look forward to hearing from you.

It did make me laugh - they included a different PPC as the claimant and failed to include any attachments.

From what I gather, I ignore this.

Coupon-mad

Desperate and stupid!