UK CPM - CCJ issued

hiphop99

Sorry I am really confused.

I received the letter from the court YESTERDAY, regarding a hearing for next week Tuesday. It states please file and serve a case summary/draft order no later than 4pm at least 2 working days before the hearing.

I have submitted this today, which satisfies that criteria.

The wording in the letter is as follows:

It is ordered that

List Defendant's application to set aside judgment dated 31 January 2020 on the first available date after 14 days, that is 19th May 2020 at 3pm.

Dated 14 April 2020

hiphop99

Le_Kirk said:

The requirement for defendant and claimant is always to file (on the court) and serve (on the other parties), therefore if they have failed to serve on you, you should inform the judge.  One has to assume/hope that they have your correct address for service or, if they have served by e-mail, your correct e-mail address.

So the documents I submitted to the court for the set aside - I have to share with Gladstones also? Is that what you are saying?

Le_Kirk

Yes, everything you file (send to the court) must be served (sent to) on the claimant, exactly the same as they should do for you, hence why, if you have not received them by the cut-off point the order provided (2 days before hearing) you should inform the court.

hiphop99

They have just emailed to say they will not be attending - Do I still need to send?

Le_Kirk

Yes, you must comply with the courts orders.  If anyone fails to comply let it be the claimant, that way you are squeaky clean.

Ralph-y

Gladstones never attend .... they often use a para legal 'rent a gun' solicitor

Ralph

hiphop99

Le_Kirk said:

Yes, you must comply with the courts orders.  If anyone fails to comply let it be the claimant, that way you are squeaky clean.

OK I have sent to them now - the exact documents I submitted to court.

hiphop99

Ralph-y said:

Gladstones never attend .... they often use a para legal 'rent a gun' solicitor

Ralph

How will this impact me? I have complete proof I did not live at that residence at the time when everything was served. I assumed not attending would mean uncontested?

Coupon-mad

Ah... I am sorry, you didn't mention this is only a set aside hearing (the thread is now 11 pages!).    I thought this was a hearing set ages ago to defend the claim, and that the date was known to you back in the Spring and only now converted to a telephone hearing.

This was answered on another set aside thread only yesterday - i.e. that it's normal for the other side not to attend and maybe not to contest, but it is still your job to convince the Judge about the stuff the NEWBIES thread tells you he or she needs to be 'satisfied' about.

Last week I added two new example thread links to the SET ASIDE info in the sticky, including how to get the £255 fee ordered back to be refunded to you by the claimant (you MUST ask for an order - read the two new links).

hiphop99

Wait - I sent the documents to Gladstones.

Should I have sent to UK CPM? Sorry for all the questions.

We had some illness in the family which is why we took some time to file the N244 - Assuming the judge will ask about this but is this a strong enough mitigant?