CCJ looking for consent or set aside

henrik777

Email them stating what they told you. You can then show the court when it comes to costs that you tried but were left with no choice but to apply because they were uncooperative, bearing in mind the test of promptness.

Raf123411

henrik777 said:

Email them stating what they told you. You can then show the court when it comes to costs that you tried but were left with no choice but to apply because they were uncooperative, bearing in mind the test of promptness.

Thanks for advice @henrik777! I’ll email them on the morning summarise  all the communication I had from them and let them know i submitted claim to court. 

Is it ok to leave draft defence like this? As completely no clue about the case. 

3.0 Draft defence

I will draft defence when attending a hearing at the court as I have not ever received any previous documentation from the Claimant about this matter so await full disclosure of the case from Excel Solution that I have requested via a Subject Access Request. (Please see evidence C)

Coupon-mad

Excel Solution

No such company.  You need to get the Claimant's name fully correct.

henrik777

Raf123411 said:

henrik777 said:

Email them stating what they told you. You can then show the court when it comes to costs that you tried but were left with no choice but to apply because they were uncooperative, bearing in mind the test of promptness.

Thanks for advice @henrik777! I’ll email them on the morning summarise  all the communication I had from them and let them know i submitted claim to court. 

Is it ok to leave draft defence like this? As completely no clue about the case. 

3.0 Draft defence

I will draft defence when attending a hearing at the court as I have not ever received any previous documentation from the Claimant about this matter so await full disclosure of the case from Excel Solution that I have requested via a Subject Access Request. (Please see evidence C)

The answer is no, it isn't ok.

An application should be supported by evidence.

An application for a MANDATORY set aside doesn't require evidence that you have a  real prospect of successfully defending the claim however a discretionary one usually does.

Further, a sar is not a court process so means nothing (but can turn up gold). You need to obtain the claim form (a copy) from the court or maybe even the claimant. That is the claim you would ultimately look to defend.

Raf123411

Thanks for your reply @henrik777 although I already send the documents to court on Friday to make sure it will be consider as a prompt aplication.  I seen somewhere on the forum that some send draft defence this way before. 

Do you think I have to obtain copy of claimant form and submit my draft defence or leave it and wait what court will say? 

Also what if after looking into draft defence I will don’t have real chance of defending, than case could be set aside but I’ll have to pay the fine from the original claim?

henrik777

You can submit later but people should always obtain a copy of the claim form. TBH if anyone gets to day 2 without trying to get it they're wrong.

Raf123411

Thanks I’ll drop them call tomorrow ask for claim form. When I called them before they only send me Particulars of Claim which don’t give lots of informations apart from date and location, but probably it was just me not ask for right documents.

Once I obtain claim form
do you suggest send defence asap or wait until first hearing about setting aside CCJ and get it ready for then?

Redx

If you have a reply from the DPO at Excel to a SAR then you have documents and pictures etc , plus obtaining the claim form and POC gives you enough to draft a defence to the original court claim using the defence template by Coupon mad. Same position as everyone else

henrik777

Raf123411 said:

Thanks I’ll drop them call tomorrow ask for claim form. When I called them before they only send me Particulars of Claim which don’t give lots of informations apart from date and location, but probably it was just me not ask for right documents.

Once I obtain claim form
do you suggest send defence asap or wait until first hearing about setting aside CCJ and get it ready for then?

My preference is to get everything together within  2 weeks of discovery of CCJ and send it together (this also allows plenty time to ask the opponent to consent). So i would send when ready.

Raf123411

henrik777 said:

Raf123411 said:

Thanks I’ll drop them call tomorrow ask for claim form. When I called them before they only send me Particulars of Claim which don’t give lots of informations apart from date and location, but probably it was just me not ask for right documents.

Once I obtain claim form
do you suggest send defence asap or wait until first hearing about setting aside CCJ and get it ready for then?

My preference is to get everything together within  2 weeks of discovery of CCJ and send it together (this also allows plenty time to ask the opponent to consent). So i would send when ready.

Look like I rush little bit then as give them only 10 days to consent, but want to make sure it will be considered as a prompt after I heard it could take them 28 days to get back to me. 

Read through so many post it’s very depend from court what they consider as prompt.  

I’ll try to get my defence ready ASAP and send it to the court.