CCJ N244 Application to set aside judgement advice

henrik777

nosferatu1001 said:

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

I wouldn't trust them to do it.

Coupon-mad

Agreed, and as said already, the Order is incorrect.  The clerk was wrong and was thinking that this is a hearing about the Claimant's case.

Dougsboy32

Adding insult to injury I now have a DCBL Notice of Debt Recovery letter for a (different) unpaid PCN of GBP160 for an alleged contravention in 2017 with a 14 day time limit to pay up! I am checking the Newbies thread for advice...

nosferatu1001

Thats debt collector trash. Ignore

Le_Kirk

Well you should know by now that is is a debt collector letter and not a proper LOC due to it being only 14 days.

Dougsboy32

Current state of affairs: Claimant's solicitor has submitted bundle as requested to court and myself. So has the Claimant directly. Whereas my submission consists of four pages, their's runs to twenty. I have presented my case to request that the court order be set aside, and no more, on the understanding that should I be successful there would then be another hearing to decide the alleged offence, for which I would submit my prepared defence at that time. They have submitted a raft of documents backing up their position claiming that the issue of the Judgement does not negate from the issue of liability so exhibits x,y,z should be considered as part of the process. Do I have any recourse here? Can I request that all the Claimants additional documents are not permissible/thrown out/ignored (whatever the terminology)?

nosferatu1001

No need to do so in advance. 
THey are presumably trying to show you dop not have any other good reason (CPR13.3) ie your defence is weak, however the set aside hearing is not the venue to decide that andf it would be unfair on YOU for the court to try the underlying claim
I doubt it will make any difference, the court will likely set aside, if you get a chance to comment, do so.

henrik777

Without reading back,

Normally the actual nature of the claim has a minor part to play in a set aside, if indeed it has any part to play.

I would rather have 4 pages of on point submissions than 20 pages of garbage, or to put it another way, if you had submitted 21 pages it wouldn't mean you'd win.

Quality, not quantity.

Dougsboy32

Thank you both. I was feeling a little under-defended, if there is such a term.

Dougsboy32

Just wanted to let you know that thanks to your help I was successful in my application to have the CCJ set aside as the judge was 'not satisfied that judgement was regular' in that the PPC solicitor did not serve the papers to my current address of which they were previously aware. They were also told to reimburse me my N244 application costs. I now have two weeks to decide if I want to defend my case in court or negotiate settlement with the PPC.