CCJ without my knowledge

Sebastian83

Just one last question (hopefully):
At the point of my application in October 2020 I did not know anything about the claim, so I couldn't bring many arguments why the judge should set aside the judgment discretionary.
As said earlier I want to work out a draft defence in the next couple of days, so I can tell the judge at the hearing that I have one ready to send.
Would it make sense if for now I would write an email to the court with a kind of supplementing to my initial application, where I explain why I have real prospect to defend the claim in case the judge is not satisfied with my arguments to set it aside on a mandatory basis and attach my draft defence as well or should I rather have everything ready on the day and tell the judge on the phone?

Sebastian83

henrik777 said:

A defence is after a set aside but can also assist with "a real prospect".

I remember that I found quite a few draft defences you have written as I informed myself the first time about the set aside procedure last year. However I'm now struggling to find it.
Do you off the top of your head have any links of draft defences you have posted in the past?

Le_Kirk

Just search the forum for any posts by @henrik777.  You could also use the standard defence template which is one of the first five announcements on the front page of the forum.

Sebastian83

Le_Kirk said:

You could also use the standard defence template which is one of the first five announcements on the front page of the forum.

Is this the right one? 


 https://forums.moneysavingexpert.com/discussion/comment/76880595/#Comment_76880595

Le_Kirk

The very one!

Sebastian83

Le_Kirk said:

The very one!

Thank you!

Do I understand this right that I only adjust paragraphs 2 and 3 to my case and leave all other paragraphs as they are? 

Redx

Sebastian83 said:

Le_Kirk said:

The very one!

Thank you!

Do I understand this right that I only adjust paragraphs 2 and 3 to my case and leave all other paragraphs as they are? 

You are correct , the idea is to make the process as simple as possible , apart from a Parking Eye case

ignavia

Sebastian83 said:

... I only adjust paragraphs 2 and 3 to my case and leave all other paragraphs as they are? 

Exactly. Then post just those paragraphs for suggestions.

Sebastian83

Extremely helpful, thank you!
I'm on late shift this week, so will hopefully find time this week in the morning to write my defence and will post it here.

Thanks again! 

Le_Kirk

Sebastian83 said:

Le_Kirk said:

The very one!

Thank you!
Do I understand this right that I only adjust paragraphs 2 and 3 to my case and leave all other paragraphs as they are? 

As others have said - correct - but don't forget to add your edited paragraphs back in to the rest of the template BEFORE you submit it to CCBC.