I have had my initial Set Aside hearing and been given two weeks to prepare a defence

victoria121989

Thank you.

Am I correct in thinking I need to make sure my defence covers anything I want to later use as evidence? 

Do I need to state at this point that I will be looking to recuperate my schedule of costs?

I have read everything I think is relevant and from what I can see on the threads it is solely the WS at this point, I am just wanting to make sure I definitely haven't misunderstood something or missed anything.

I did call the Court last week to ask how/ where to submit my defence as the judge also transferred the case to a court closer to my home. I asked why I hadn't received a copy of the order yet and she didn't know. I was surprised not to have had anything in the post from the court. 

Thanks .  

KeithP

Oh, at this point I thought was only your Defence.
In your opening post you wrote:

I have been given two weeks to prepare my defence.

Having now re-read the whole thread again, I notice that you mention a 'preliminary set aside hearing'. Have you been granted a set aside, or have you been asked to show the court your Defence before the Judge decides where a set aside should be issued or not?

victoria121989

The judgement will be set aside once they receive my defence. The judge said it will basically take me back to the point I would have been at if I was given the opportunity to submit a defence. So once I have submitted my defence the claimant enters their part and then we get questionnaires, then it will be decided if it needs to go to a hearing.  Sorry if I haven't been clear enough. 

KeithP

OK. Got it.

My post earlier Today at 10:02PM is still good.

It's just that your post Today at 10:31PM started talking about a Witness Statement.

As I said earlier, Witness Statement and evidence comes later - as does your Summary Costs Assessment.

Did you file a Draft Order with your set aside application? One that suggested, amongst other things, that the Claimant pays your set aside fee?
Perhaps something like the one in this post?

victoria121989

I've just re-read what I posted. I meant to say defence rather than witness statement. I have now amended. 
No I did not file a draft order. Unfortunately I only discovered this forum after applying for the set aside judgement. I had previously just been speaking with Citizen's advice. 

Will it be too late? 

The Claimant voiced at the preliminary set aside they would be trying to recuperate  all solicitors costs from me. 

KeithP

I would quickly knock up a Draft Order, like the one I linked to, and send it to the Court with your Defence for the underlying claim. 

Send a copy of both those things to the Claimant as well.

victoria121989 said:

The Claimant voiced at the preliminary set aside they would be trying to recuperate  all solicitors costs from me. 

Yes, you mentioned that last Tuesday. Didn't the many replies reassure you?

victoria121989

They did. I just wasn't sure if I missed the boat by not also mentioning it myself at that point. I will create a draft order as advised. 

Thank you so much for your help. 

Le_Kirk

To my mind a lot of that defence is a witness statement (WS).  A defence is a set of legal and technical arguments, whereas a WS is a narrative, the story of what happened on the day and subsequently.  You do need to put in your defence everything for which you want to submit evidence with the WS.  As I said, only my opinion, see what other regulars make of it.

victoria121989

I will be submitting my draft order as suggested. The link suggested has the following in the draft 

IT IS ORDERED that:
1. The default judgment dated ***** be set aside.
2. Costs to be reserved.
3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on [date] paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.
4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on [date].
5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.
6. That all enforcement be put on hold pending the outcome of the application.

Can anyone tell me if I need to put the same points as I don't understand what it means when it is referencing paragraphs 2 and 3. Do I need to put the amount I intend to recoup? 

I have to submit my 4pm today if anyone can help please? 

KeithP

Can anyone tell me if I need to put the same points as I don't understand what it means when it is referencing paragraphs 2 and 3. Do I need to put the amount I intend to recoup? 

By submitting a Draft Order you are suggesting to the Judge that she might like to use that as a basis for the order she will issue.

In paragraph 3 you are proposing that if the Claimant does not file a Claim by the suggested time, then the Claimant must immediately repay you your set aside fee - £255 and that will be the end of the matter.

Paragraph 4 is suggesting that if the Claimant does file a Claim in time, then the Defendant, i.e. you, must file a Defence by [whatever date the Judge chooses]. (I know you are planning to file a Defence today, but don't worry about that.)


Just fill in the date in para 1, the rest of that order can go as it is.