Follow up - Set Aside Success

lethal_2

Update - 17/03/2020

I have updated the OP as I've I had a significant update post a hearing today where I requested the judgement to be set aside. The claimant (UK CPM) did not attend / challenge my request and therefore was an easy win but the judge didn’t really take the time to explain to me next steps / allow me to defend the claim itself.

In short:

• The request for set-aside had been accepted and the judge said I have until the 7th April to challenge the claim itself
• I also requested the claimant to pay for my court application (of the n224 application) and travel cost incurred; the judge laughed me off the travel expense (which I knew I was pushing anyway) but said the court would reserve off the application cost

Questions I have –

1. Because I have set aside the judgement. Does this mean the CCJ is no longer against my name from today? This has been blocking my mortgage application and therefore I want to know if I need to wait until the 7th April / continue my application from today?
2. Regarding defending/challenging the claim – How is this usually? Is this done through the courts and do I need to attend another hearing? Or Do I need to raise this issue with UK CPM? Secondly, if I am unsuccessful with challenging the claim, would I again have a CCJ against my name even if I am in a position to pay the debt off in full?
3. What did the judge mean by saying that the court fee will be as a reserve?

Thanks in advance as this clearly a new language for me.

Redx

If it's a set aside why are you expecting a defence when they are a claimant and not a defendant ?

If you are the defendant , then any defence is yours , unless you have made a claim or a counter claim ?

KeithP

So we now have two threads about this set aside.

Why is that? Were the replies you received earlier of any use?

lethal_2

Redx said:

If it's a set aside why are you expecting a defence when they are a claimant and not a defendant ?

If you are the defendant , then any defence is yours , unless you have made a claim or a counter claim ?

Can they not counter defend my claim? i.e. I am claiming they didn't have the right detail and can they not turn around and say they only had that detail and here is the proof. This is not the exact context but curious to understand if they have to have 5 days notice for any argument they are going to have as I not an expert in this field. 

lethal_2

I have updated the title as I've I had a significant update post a hearing today where I requested the judgement to be set aside. The claimant (UK CPM) did not attend / challenge my request and therefore was an easy win but the judge didn’t really take the time to explain to me next steps / allow me to defend the claim itself.

In short:

• The request for set-aside had been accepted and the judge said I have until the 7th April to challenge the claim itself
• I also requested the claimant to pay for my court application (of the n224 application) and travel cost incurred; the judge laughed me off the travel expense (which I knew I was pushing anyway) but said the court would reserve off the application cost

Questions I have –

1. Because I have set aside the judgement. Does this mean the CCJ is no longer against my name from today? This has been blocking my mortgage application and therefore I want to know if I need to wait until the 7th April / continue my application from today?
2. Regarding defending/challenging the claim – How is this usually? Is this done through the courts and do I need to attend another hearing? Or Do I need to raise this issue with UK CPM? Secondly, if I am unsuccessful with challenging the claim, would I again have a CCJ against my name even if I am in a position to pay the debt off in full?
3. What did the judge mean by saying that the court fee will be as a reserve?

Thanks in advance as this clearly a new language for me.

nosferatu1001

1) It will take time to update the records, but effectively it should be gone from today. Check TRUST ONLINE i would suggest friday
2) You defend by filing a defence. PResumably that is the language used. This is easy - there are so many defences for your to look at, plus we presume you filed a skeleton style defence alongside yoru set aside?
Yes, if they do not discontinue of course this will end up in a hearing. You are now in the NORMAL claim process. Claims end in a hearing if they are not disctoninued.
If you lose at a hearing then pay up IMMEDIATLEY the amount requested. No delays. This ensures teh CCJ is removed from yoru record. Again, same as every claim..,
3) They will decide, once the hearing for the CLAIM has happened, who gets what costs back. If you win, you SHOULD get the N244 set aside fee back PLUS your ordinary costs for attending the claim hearing (NOT the set aside, that has been decided - you didnt get it)
You are now in the NORMAL PROCESS - meaning newbies thread, post 2. 

lethal_2

make sense and regarding #2, I have more than a skeleton but what is the process I need to follow. Will the courts send me instructions?

Thanks Nosferatu1001 as your post was incredibly useful!

nosferatu1001

Your instructions were the ones given to you in the hearing. You weere told what to do and when. You have to meet those requirements. 
So in tgerms of a defence, like ALL documents you are sending, you serve on te court and the claimant at the same time. You should have - must have - an address for the claimant. 

lethal_2

Hmmm do I not get any clearer instructions? Would I not receive any follow up from the courts to say email/send to this address? I just want to make sure my defence is trackable to avoid this hassle again 

Umkomaas

The court won't provide any further guidance or deadline dates. Many have sat back waiting for such reminders and found themselves staring down the barrel of a judgment in default. 

Le_Kirk

The request for set-aside had been accepted and the judge said I have until the 7th April to challenge the claim itself

This is the date by which you must submit your defence.  Follow these instructions provided by KeithP: -

Submitting a defence:

If you have no access to a scanner, then put an electronic signature in it. When you are happy with it, your defence is to be filed via email as suggested here:

Print your Defence.

Sign it and date it.

Scan the signed document back in and save it as a pdf.

Send that pdf as an email attachment to your local court CCBCAQ@Justice.gov.uk

Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.

No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.

Edited to correct my advice, should have said go to local court - thanks to KeithP for the heads up.