Just discovered CCJ on file - can probably get original ticked cancelled - what to do about CCJ?

KeithP

The Claimant did not respond to my request / turned down my request.

So which is it then? They didn't respond, or they turned down the request?
Surely you know?

Chucky1000

KeithP - have given them 7 days to respond and time is up tomorrow- I will amend then.

Coupon-mad

A defence is not needed at set aside stage so if you remove the defence (but keep it in your back pocket for later) then you will be almost there.   Did you look at the new example I posted a link to yesterday, showing the documents put together yesterday by a poster whose username starts with 'Mrs' who is at your stage too?

You need a WS and a Draft Order and your N244 and the fee.

Le_Kirk

You seem to have included all the Abuse of Process points in your witness statement, whereas that would normally be in the defence, which you don't need just yet.  If it to be a set-aside hearing, you (your son) only need to convince the judge that there is a real prospect of successfully defending the original claim.

Sohail12345

henrik777 said:

There are 2 ways to set aside a default judgment. (or 4 depending on your point of view.)

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.2

Cases where the court must set aside judgment entered under Part 12

13.2  The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because–

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;

(b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or

(c) the whole of the claim was satisfied before judgment was entered.

A contested application under that rule, or a consented application under that rule.



Or

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.3

Cases where the court may set aside or vary judgment entered under Part 12

13.3

(1) In any other case, the court may set aside(GL) 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(GL) 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.

A contested application under that rule, or a consented application under that rule.



Now it doesn't take Einstein to work out your prospects of success are better under 13.2 as if you fall under this rule the court must set a judgment aside. However the scope is narrow.

Further i always encourage people trying MUST set aside to have a fallback position under 13.3.


You have much larger scope under cpr 13.3 but the rules are more stringent. One of the stringent rules is considering that you acted promptly, which is over and above the other requirements. Promptness is a matter for the court and is clearly more important if you cannot reach consent with the opponent.


Some judges may gave only 2/3 weeks, others more. So you pretty much need to assume the worst or hope for the best.

Do you mean to even have a chance to recieve a telephone interview from judge at local court within 2 or 3 weeks of Default claim recieved.

Or do you mean at the telephone hearing the judge will give a window of opportunity which would be only 2 or 3 weeks. 

Le_Kirk

The 2/3 weeks refers to the time between discovering the CCJ and doing something about it, such as submitting the N244 application, witness statement, six-point draft order and paying the fee (notwithstanding that you might get help with fees).
BUT Sohail12345, why have you posted on this thread, please keep all your questions about your issue on your thread.  It's OK to ask the question you did, but you could copy the post from Henrik777 to your thread.

Chucky1000

Coupon-mad - thanks for your very helpful pointers, I've adapted elements of the example you linked to. Son has just submitted form and docs today. 
Le_Kirk - thanks. Think I've got there in the end.
Will update when I know anything.

Chucky1000

Hi, just thought I'd come back & let people know the outcome.
Son had set aside hearing recently by phone (this was the second attempt - BWLegal requested for the first date to be changed, on the actual day, as they said they weren't ready even though they'd had my son's paperwork for weeks). Even with two extra weeks they didn't get their paperwork in until 2 days before and the judge didn't get it at all! They tried to argue that as they were all working from home due to Corona virus they hadn't been able to do it any sooner. Judge wasn't impressed, especially as my son has been working 60 hours a week throughout lockdown as a key worker & still managed to get his act together.
Judge was v complimentary about son's draft defence (thanks all on here for help with that) and outcome was as follows:
It is ordered that:
1. The judgement dated xxxxxxx is set aside on discretionary grounds;
2. The claim is dismissed on discretionary grounds;
3. The Claimant pay the Defendant's costs of the application in the sum of £255.
Great result! Thanks again everyone.

Coupon-mad

Fantastic!

So the actual claim is dismissed too?!  

Le_Kirk

Chucky1000 said:

Hi, just thought I'd come back & let people know the outcome.
2. The claim is dismissed on discretionary grounds;

This bit is a brilliant result.