Set aside CCJ: Consent from claimant

Sillyminkey12

Thanks so much Chirpy Chicken - will do.  So annoyed with myself - it’s a robust Defence.

Coupon-mad

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.

Why would you do that if you have an Order that only just arrived? Show us the Order.

Sillyminkey12

Thanks Coupon Mad.  Below is the court letter that arrived on Friday 11 March by post.

General Form of Judgment or Order

Date 8 April 2025

It is ordered that

1. Judgment dated 21 November 2024 is set aside.

2. The Defendant to file at court and serve on the Claimant a Defence by 4pm on 28 March 2025

3. In the event that the Defendant complies with the above, both parties are to file Directions Questionnaire in form  [N180] [N181] by 4pm on 25 April 2025

4.  The Claimant shall pay the D’s costs to be paid by 25 April 2025.

Dated 10 March 2025

Coupon-mad

Send an email forwarding the defence that you inadvertently sent to the CNBC.

cc in the solicitors.

Point out that the Order is dated 8th April and it was only when it arrived on Friday that you realised you had emailed the defence to the CNBC, which - whilst it is the court service and is 'filed' - that email address may not have been enough. Therefore here is the defence that was emailed to the court service in good time in March.

Sillyminkey12

Really appreciate the help Coupon Mad.  Thank you!

Le_Kirk

If that judgment or order really was dated 08 April, it would have been extremely difficult, if not impossible to file a defence 11 days earlier!  Is the 08 April date correct?

Sillyminkey12

Thanks Le-Kirk.  Yes, it is correct.  I did file my defence as soon as the judgment was set aside by the judge and before receiving the order by post.

Sillyminkey12

Quick question.  CEL have been ordered to pay my costs by 25th April.  I haven't received anything so far.  Should I chase them for this and if so how?  I have several e mail addresses for them supplied by forum members.

Coupon-mad

Email and say you will report Scott Wilson to the SRA and will refer the case back to the Judge, if CEL fail to pay your costs.

I did file my defence as soon as the judgment was set aside by the judge and before receiving the order by post.

Did you 'file' (to the local court, not the CNBC) AND 'serve' to CEL as well? If not, you're in breach.

Sillyminkey12

Yes I did file to local court and to CEL