Civil Court Rules

LittleElf16

Im wondering if because they didn’t attend, they can apply to have the Judgement set aside as the CPR Part 27 states that they can. 

waamo

If they completed the AOS not a hope. The only way you can fill that in is if you got the papers. I've told you how to check. Sorry this is like pulling teeth. You either know or you don't. Please go to bed and check everything in the morning. Be clear and accurate In your  replies.
Log in your your court account and check everything give rubbish information and you get rubbish replies.

AdrianC

LittleElf16 said:

Im wondering if because they didn’t attend, they can apply to have the Judgement set aside as the CPR Part 27 states that they can. 

They can only apply for set-aside if they can show they didn't know about it. Not because they CBA.

And setting aside is not instant or cheap.

LittleElf16

waamo said:

If they completed the AOS not a hope. The only way you can fill that in is if you got the papers. I've told you how to check. Sorry this is like pulling teeth. You either know or you don't. Please go to bed and check everything in the morning. Be clear and accurate In your  replies.
Log in your your court account and check everything give rubbish information and you get rubbish replies.

I have had little sleep and have not eaten due to stress. Apologies for being blasé.

MCOL information:- 

I submitted a claim on the 02.04.20
Claim was issued on the 03.04.20
I submitted a Judgement on the 23.04.20
Judgement against Defendant issued on the 24.04.20
A bar was put in place for Defendant was removed on the 11.05.20
Application to set aside Judgement against Defendant submitted on the 11.05.20
Claim transferred to Court 11.05.20 

Since then the Notice of Hearing was received and General Form of Judgement Order and Witnesses Statements exchanged between myself and the Defendant (confirmation they received the Notice of Hearing) and hearing commenced whereby Defendant did not show and no acknowledgement to the Court. 

Furthermore, the Defendants agents some legal company has been corresponding with me so if the Defendant could not attend in person, surely their representative could have. 

waamo

Do you know what reason they have given for the set aside application. I would write to the court on the grounds they were fully aware of the case and failed to attend. Frankly I don't think they have any hope whatsoever of getting one.

LittleElf16

Yes. They stated they didn’t receive it due to the business being closed due to Covid even though they stated on social media that they were working hard behind the scenes, they stated one of their suppliers advised them a Judgement had been entered against them. 

Even though, they were apparently still closed when the correspondence for the set aside hearing was sent but they managed to receive that. 

waamo

As before I would send a letter to the court objecting to the set aside and showing evidence they were still trading. It is their responsibility to ensure systems are in place to deal with post and a failure to do so may prove costly to them. I can't see a judge being particularly sympathetic. 

LittleElf16

Thank you for the help. 

I will have to wait to see if they provide me with any notice that they intend to set aside. If not, after 14 days I will continue with enforcement 

waamo

LittleElf16 said:

Thank you for the help. 

I will have to wait to see if they provide me with any notice that they intend to set aside. If not, after 14 days I will continue with enforcement 

Why wait? I would crack on and go to enforcement. A mere application for a set aside doesn't stop enforcement taking place. Until a set aside is granted the ccj is live and can be enforced. Make things their problem and not yours.

LittleElf16

The Judge stated he is giving them 14 days to pay, so I will have to give them that period and then start enforcement.