help with setting aside CCJ against CEL and DCBLegal

Crywolfnever

Thank you once again Coupon-mad. Exhibit 6 removed.

Crywolfnever

I have matched N244 question 3 exactly to the 3 points on the order as suggested.

Crywolfnever

9 pages in total

Crywolfnever

Should I save this pat on a saparate document as the draft order? Or leave it with the WS

UPON considering the application of the Defendant to set aside the Judgment by default entered on 11th November 2024;

 

AND UPON reading the evidence in support of the application;

 

AND UPON the court taking note that the Claimant was not entitled to default judgment, having failed to serve on the Defendant's usual residential address;

 

AND UPON the court finding that the Particulars of Claim fail to comply with CPR 16.4(1)(a) by lacking a concise statement of facts and therefore do not constitute a valid cause of action;

 

IT IS ORDERED THAT:

 

1. The default judgment dated 11th November 2024 (CLAIM No: C be set aside. 

 

2. The claim is struck out on the grounds that the Particulars of Claim fail to comply with CPR 16.4(1)(a) and do not provide a concise statement of facts necessary to establish a cause of action.

 

3. The Claimant do pay the Defendants costs of this application of £303 and cost of travel for the hearing on an indemnity basis.

Le_Kirk

The Draft Order is normally in Word (or similar) so that the judge can use it.
At the beginning of the witness statement you write "I have not received ....... until............"  It should be "I had not received.........."
Also you seem to have a lot of hanging paragraphs, which might confuse the judge; you have started a paragraph with a number and type a few words and then pressed return so the rest of the sentence is on the next line.

Crywolfnever

Thank you Le_Kirk, I will revise it. Should the draft order be separated from the ws?

Le_Kirk

Yes, it is a Word document

Crywolfnever

Thank you Le_Kirk.