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Help re Setting aside 2x CCJ

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  • Shubsta
    Shubsta Posts: 20 Forumite
    10 Posts
    In process of submitting my N244 forms. Would just like to clarify a few things if thats okay. On my N244 form in which order I am making I have stated: 

    An order that the Judgement in Default be Set Aside, pursuant to CPR 13.3 and the defendant be allowed to file a Defence in the case. The defendant only discovered the judgement on the 21/09/20 and has acted promptly in making this application. The defendant soon after discovery of the judgement has also sought to correct this by satisfying it.

    The part where I am stating I have satisfied the judgement - is this best left in the witness statement rather than the N244 form? 

    Do I submit a draft defence already with my application or does that come afterwards? With parking eye I know generally what my defence is but don't have much details for Britannia / BW Legal yet.

    Also do I need to pay for the N244 first or send my documents over and await a response?
    As I have settled the payment + hopefully reaching the stage I will be able to defend my claim, Should I put in my Draft order that the fee I have already settled be reimbursed also? 

    Sorry again for all the questions!
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    No. That's not an order. 

    You know you're submitting
    -n244
    - witness statement to support set aside
    - draft 6 point order. This is the draft of the Order you want the court to issue, hence it is written as an actual Order. You do not put in your own dates. They're left blank for the judge to complete. 
    - draft defence 

    send the docs then ring the court to pay. 

  • Shubsta
    Shubsta Posts: 20 Forumite
    10 Posts
    No. That's not an order. 

    You know you're submitting
    -n244
    - witness statement to support set aside
    - draft 6 point order. This is the draft of the Order you want the court to issue, hence it is written as an actual Order. You do not put in your own dates. They're left blank for the judge to complete. 
    - draft defence 

    send the docs then ring the court to pay. 

    I have to send my draft defence already?
  • Coupon-mad
    Coupon-mad Posts: 152,070 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No, you could leave it until the hearing but you MUST have it up your sleeve in case the Judge wants to consider if your defence has merit.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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