Advice for CCJ - Not in country when served

NotAnotherOne

Just coming back to this. 

Now I have received the 'General form of judgement or Order' in the post. 

Which is stamped by the county court. 

This just means he has approved the order right in which I and the claimant agreed right? 

Because I am now expecting the original claim for to come through in which then I will respond and submit my defence. 

Just want to make sure I'm not misunderstanding anything as days pass by. 

KeithP

NotAnotherOne said:

Now I have received the 'General form of judgement or Order' in the post. 

Which is stamped by the county court. 

This just means he has approved the order right in which I and the claimant agreed right? 

Without having any idea what your 'General form of judgement or Order' says, it is extremely difficult to offer any opinion on it's content.

NotAnotherOne

Hi @KeithP thanks for the reply! 

So the letter states the following. (I have removed judge name)

Before District Judge ***** sitting at the County Court at Willesden, 9 Acton Lane, Harlesden, London, NW 10 SUX.

UPON the Claimant and the Defendant having agreed to the terms of this order;

AND UPON the Claimant accepting that, although the claim was correctly serve at the Defendant's last known address pursuant to CPR 6.9 the Defendant did not receive the claim form and therefore did not have opportunity to defend the claim;

AND UPON the parties agreeing that, in view of the above, there is some other good reason for judgement to be set aside pursuant to CPR 13.3;

1. The judgment entered on 30/12/2021 is set aside;

- 2. The matter be allocated to the small Claims Track;

3. The Defendant is to file a Defence within 14 days of the sealed Order; and

4.No order as to costs.

Dated 10 April 2024

as I said, just a little unsure what the next steps are after this letter. 

Coupon-mad

I think 3 is very clear what you need to do?

NotAnotherOne

Right, so I now have until 26th April to file a defence?

NotAnotherOne

If I now acknowledge the claim on MCOL, will that then give me 33 days from sealed order? 

Or do I no longer have that option? 

KeithP

NotAnotherOne said:

If I now acknowledge the claim on MCOL, will that then give me 33 days from sealed order? 

Or do I no longer have that option? 

You cannot use MCOL.

Coupon-mad

NotAnotherOne said:

If I now acknowledge the claim on MCOL, will that then give me 33 days from sealed order? 

Or do I no longer have that option? 

No.       

NotAnotherOne

Excellent 

Le_Kirk

NotAnotherOne said:

3. The Defendant is to file a Defence within 14 days of the sealed Order; and

Dated 10 April 2024 

NotAnotherOne said:

Right, so I now have until 26th April to file a defence?

Unless my maths is out of order (or there is a different date on that oder that you have shown us) should it not be defence by 24th April.  It doesn't state working days!