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Set-Aside Hearing Tomorrow....need help!



  • Le_Kirk
    Le_Kirk Posts: 22,291 Forumite
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    Le_Kirk said:
    Your title in the opening post stated set-aside hearing tomorrow, that is now today - are you at the court now?
    No, have a little time
    Is it today though?
  • Coupon-mad
    Coupon-mad Posts: 131,479 Forumite
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    Well done, CCJ set aside.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • Snakes_Belly
    Snakes_Belly Posts: 3,696 Forumite
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    Well done.

    "I would suggest asking the Usher if the Claimant has already turned up and to identify them if they're nearby. You can make use of this info how you wish,perhaps apply a little behavioural psychology, but it does help when sitting and waiting. Otherwise, you'll be guessing who the claimant side is with every stare you catch." 
    <3  Love ir

    It's quite fun to bait them. A bit like a verbal haka.

    Nolite te bast--des carborundorum.
  • Chloe_Meow
    Chloe_Meow Posts: 80 Forumite
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    Hi all. I just want to give an update. I recently received the court order following the set-aside hearing. it states:
    1) Judgement entered on XX XXXX 2021 is set aside
    2) The Claimant is to send to the Defendent and the court full particulars of Claim by  4:00pm on 2 May 2023
    3) The Defendent is to send to the Claimant andthe Court his Defence by 4:00pm on 30 May 2023.

    Now, I received the PoC from DCBL today (05/05/23). Haven't DCBL already breached the Court Order? What can I do about this or is it not a big deal and to be expected? Along with the PoC, DCBL have also sent a 'response pack', consisting of Acknowledgment of Service N9, Admission N9A, Defence and counterclaim N9B but no 'notes for defendent'.

    1) In case I make the same mistake again, can someone point to the correct threads I should begin looking at.?
    2) Also, what are the deadlines I need to get the response pack completed and sent?
    3) Do they have to be posted or can it be scanned and emailed?

    I know the answers will be in the Defence threads but I just want an early heads-up, if someone would be kind enough to give me a quick idea so I can begin allocating time.

    I'm currently in the queue waiting to speak to the ocurt and iform themI've only just received the PoC from the Claimant - I really don't know if it's the right step.
  • Le_Kirk
    Le_Kirk Posts: 22,291 Forumite
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    Look at the standard defence template, one of the "sticky" announcements on the front page of the forum.  Your deadline has been given by the judge: -
    3) The Defendaent is to send to the Claimant and the Court his Defence by 4:00 pm on 30 May 2023.

    You could mention when/if you have to do a witness statement before the hearing, that the POC were late and the claimant was in breach of the judge's order!

  • Boat_to_Bolivia
    Boat_to_Bolivia Posts: 1,097 Forumite
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    edited 5 May 2023 at 4:47PM
    You do not need to do anything with what DCBL has sent you.

    You just need to write your defence and email it to the court before 30th May.
  • Chloe_Meow
    Chloe_Meow Posts: 80 Forumite
    First Post Name Dropper
    Thank you Le_Kirk. Just got off the phone with the court - didn't really get direct answers, left confused.
    1) Yes, DCBL did breach Judge's order and I can ask for the case to be struck but Court may allow it for any number of reasons, but worth raising.
    2) DCBL sent the response pack when it should be the court. No 'notes for defendent N1C' included.
    3) Forms can be emailed to the court and Claimant copied in.
    4) All forms in response pack work with 14 day return rule, but Judge's order for the 30th May supersedes.However, whether the Ack of Service is still required to be returned within 14 days, I didn't get a straight answer. According to the court agent, I don't need to send the Ack of Service becasue it's already going to the Defence andthe fact it's gone this far is acknowledgement in itself. I was not satisfied with this response. So, I'm still unsure if the Acknowledgement of Service form should be sent within 14 days, up to 30th May or if even at all???
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