Follow up - Set Aside Success

KeithP

Le_Kirk, I'm not to sure that, following a set aside at a local court, sending a Defence to the CCBC is the right thing to do.

lethal_2, you must file a Defence with your hearing court, and serve a copy on the Claimant, within the timescale allowed by the Judge at the set aside hearing.

Le_Kirk

KeithP you are right, it should go to the local court of course.  I should have modified your advice I posted to say local court.

ETA now adjusted my previous post.

Redx

I would be hand delivering my defance + WS + EXHIBITS and COSTS SCHEDULE to my LOCAL COURT, WHICHEVER HELD THE HEARING , as a bundle , no tracking involved

I would be posting a copy to the claimant and I would obtain a free certificate of posting from the P O Counter as proof that it was posted, then staple this to a copy of the bundle contained inside that letter, keeping it for court for the hearing

you must do as you see fit, but almost all the advice above and overleaf is correct, except its nothing to do with the CCBC

so copies to your local court (hand delivered) and to the claimant (with free proof of posting)

lethal_2

Apologies this is still not clear to me regarding the process I need to follow (and I am surprised to hear that I won’t receive any instructions from the court).

For the record, I need to sign off on a blank piece of paper my defence in writing including a wet signature and send it to the court in which I have just had my hearing to set aside (plus a copy to the claimant solicitor). Correct?

Is it that specific court that would assess my defence? Would they make an immediate decision on if I have a defence or not or is there a follow up hearing involved in which I need to attend the court again?

If I send my defence tomorrow, would that process start quicker or would the court wait for claimant to make a counter-defence to my points or wait until the 7th April?

Again, apologies for the questions as its not very clear on my next steps.

henrik777

The claimant files a claim, setting out their statement of case. You owe us £x because ...

The defendant replies and either admits the claimant is correct or submits a their statement of case. I don't owe £x because ....



There was a brief interruption to the normal process as the claim forms were not sent to you. Now that has been corrected (by the set aside) you are back to having your turn to set out your statement of case. The court gave you a date by which you must comply (or make an application such as a summary judgement if their statement of case sets out no cause of action).

The rules on a defence http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16

Umkomaas

including a wet signature

What's one of those?

Humdinger1

Umkomaas said:

including a wet signature

What's one of those?

Where the signature has been  hand-signed, not done by bespoke software

FrankCannon

Instead of a Jack Chapman signature.

nosferatu1001

Lethal - no, youre spouting freeman of the land crap. Not a single person has uttered "wet signature" in this thread, so no clue where youve gotten that from.
You send  adefence, to the court, by the deadilne youve been told. You also send a defence to the claimant, also by the deadline specified. 
THats it. Thats what you were told to do in the hearing, so thats what you do. I struggle to see how you can POSSIBLY be unclear on this. 
Noone "assesses" your defence really - unless it is so terrible it gives rise to no defence at all, a court will simply pass it into the file and send out the next directions. Same as normal. Certainly a court will not say "you win" based purely off a *defence* unless your *defence* shows an abuse of process by the climant and the court feels the appropriate sanction is strike out. 
You have not, clearly, read the newbies thread, post 2, whcih lays out the ful court pocess. You are *essentially* back into the normal process now, bar instead off sending defence to the CCBC alone, you are sending it to the LOCAL COURT *and* to the CLAIMANT, to the address on the claim form. If this is their solicitors, obviously you send it there.