3rd Party Failed to enter a Defence in time.

DoaM

Yes ... they can apply for a set-aside. They do so by using form N244 and submitting that to the court (along with £255 fee - unless they're eligible for help/relief with fees - plus a written argument to explain why the set-aside should be granted*. They often also have to include a defence to show that they'd have a reasonable chance of success should the set-aside be granted).

* This is quite a high bar to hurdle. A claim being sent to an incorrect address and the defendant being unaware of the claim is a valid reason. But if the defendant has already acknowledged the claim then this reason is out of the window, so the bar gets set even higher - there are very few reasons why an acknowledged yet undefended claim should be granted a set-aside. Was the claim acknowledged? (You/your solicitor should be able to find this out quite easily).

ColonelSanders

Thanks DoaM, they denied liability after about 9 months then offered me a 50/50 on the last day before their defense was due if that counts as acknowledgement? They're a massive insurance company representing a government contractor so I'd assume they know what games to play, which worries me more!

Cheers,

AdrianC

Set-aside is not going to happen...

They're bang to rights, they know it, but they're simply not going to cough up without you jumping through every hoop, hoping you'll give up.

ColonelSanders

AdrianC said:

Set-aside is not going to happen...

They're bang to rights, they know it, but they're simply not going to cough up without you jumping through every hoop, hoping you'll give up.

Cheers Adrian,
I was close to giving up until they offered me the 50/50 on the last day. I'm not really bothered about compensation that much anymore tbh, it was 14 months ago. I'm just bothered that my car was Cat N'd and I refuse just accept some liability and let them bully me. I'm quite a newish driver so still trying to get my premiums down (First year was £2500) so my NCD is the most important thing to me now.