CCJ N244 Application to set aside judgement advice

henrik777

chrissage said:

second page

What a stupid order. As if the claimant is going to compile a bundle for your application.

They should use the correct terms Applicant/respondent then they'd maybe not confuse themselves.

I would compile the bundle as it's your application.

Johnersh

Ask the claimant for an index now, so you can agree the docs to be put in the bundle. 

Coupon-mad

Or, ring the court and point out their error as there is no way a C should be doing the bundle for a D's set aside application, this is an error.  Clearly you need to supply your WS and evidence to support your application!

Johnersh

It's common with unrepresented parties for the court to expect the solicitor to produce the bundle as they are expected to be familiar with the rules and to put together a quality bundle. 

So I don't think the order is wrong. But since most ppcs employ unqualified staff, using template prompts and it is for the applicant to prove what they say, safety first.  Check they'll pull it together and if not, just lodge your own bundle. 

Coupon-mad

I thought it's wrong because I've seen one like it before re an application by a Defendant.  When the court was phoned they realised their error and issued a revised Order.

Johnersh

@Coupon-mad equally possible, on reflection.  It's not like I don't make that typo on here from time to time  

Dougsboy32

"If the claim is set aside, but is not dismissed entirely (the likely outcome)" what does this mean exactly please?

nosferatu1001

?
Set aside - the claim can continue, there isd no longer any judgment. You file a defence, Ws and exhibits, and the4re is a hearing to decide the claim
If a claim is dismissed, it means the whole claim has been thrown out, and the claimant has lost

Dougsboy32

As suggested I phoned the court. They said there was no problem with this Notice of Hearing as this was just my copy of the document sent to the claimant. The reason I was not sent my own notice with an order of documents to produce was that I had already submitted the N244 and a WS.
I am putting together a package of documents as advised and have contacted the DVLA to ascertain whether/when the PPC contacted them for my details. Have I understood correctly that you are suggesting that I contact the PPC solicitor now to see what is in their bundle?

nosferatu1001

Yes, because as you can tell, they are responsible for completeing the bundle for both of you