Set aside CCJ: Consent from claimant

Coupon-mad

OK so now crack on with your defence. Was this a DCB Legal claim or one from CEL themselves, signed by S Wilson?  That is a defence point in itself! Search the forum,

Sillyminkey12

It was from CEL themselves. I included the defence point about S Wilson in my skeleton argument. Presumably, I can re-submit a version of that argument? It was pretty clear to me that the judge hadn’t read my skeleton or looked at my CEL v CHAN transcript.

Coupon-mad

Sillyminkey12 said:

It was from CEL themselves. I included the defence point about S Wilson in my skeleton argument. Presumably, I can re-submit a version of that argument? It was pretty clear to me that the judge hadn’t read my skeleton or looked at my CEL v CHAN transcript.

Yes I thought that too, because CEL v Chan kills their case.

But you've been ordered to submit a DEFENCE as well, so make sure you do.

Sillyminkey12

Hello there,

A question.  

I haven’t yet received any paperwork about the judges decision (on Monday 10th March 25) to set aside my CCJ and order me to prepare my defence of the original claim.

So, I am just getting on with preparing my defence, including form N180

Should I proceed and submit this paperwork or should I wait for the court to send me the relevant paperwork first?  

Also, how often does CEL (without a solicitor) discontinue?


Thanks very much

Coupon-mad

Submit it. After a CCJ set aside, CEL often discontinue. Maybe as much as half the time(ish).

Sillyminkey12

Thanks Coupon-mad.  That’s really helpful.  Will submit!

Sillyminkey12

Hello there,

Checking in about defending my original PCN now that the CCJ has been set aside.  I submitted my Defence on 20th March and received an auto reply to say they’d be in touch in 10 days.  I haven’t received anything by e mail.

By post today  (11th April) I finally received the General Form of Judgment or Order which says “In the event that the Defendant complies with the instruction to file a Defence both parties are to file Directions Questionnaire in form (N180)  (N181) by 25th April 2025.

Should I just go ahead and download the forms and do this?  I was expecting the court to e mail me a form.

Thanks so much

Coupon-mad

Show us the Order. Sounds like you're in breach?

You didn't send the defence (wrongly) to the CNBC admin centre in Northampton did you? They were nothing to do with the case once it was allocated to your local court.

Sillyminkey12

Thanks very much for help.  Yes, I can see that I e mailed my Defence to the CNBC centre in error and not to the local court.  Is it too late to remedy this?  I will call the local court on Monday and explain.

ChirpyChicken

Sillyminkey12 said:

Thanks very much for help.  Yes, I can see that I e mailed my Defence to the CNBC centre in error and not to the local court.  Is it too late to remedy this?  I will call the local court on Monday and explain.

no dont bother calling the court to explain makes no difference just email the defence to the correct court today