Defence after CCJ set aside.

Foresthare

Coupon-mad said:

It's not a "CCJ form".  It is a Claim Form.

Para 1 needs to point out dates (do a bullet point chronology) when the C requested judgment and that this was improper, because that was a date before the Claim Form was in fact served. The judgment must be set aside, per CPR 13.2 or CPR 13.3.

What have you put in the first box in the N244 about the Order you are seeking and why?

Great thanks will change that. 

I haven't put anything in the n244 form yet, I was just working on the main bit first. I was going to put to set aside the judgement. Is that ok? 

Thank you all 😊

Foresthare

TO SET ASIDE THE JUDGEMENT AS THE CLAIM FORM WAS NOT PROPERLY SERVED AND I WASN'T GIVEN OPPORTUNITY TO DEFEND. 

Coupon-mad

Order that the CCJ must be set aside under CPR13.2 given that the Claim Form was not served until after judgment had been entered and the Defendant be given 14 days to defend the claim.

Have you exhausted asking DCB Legal to consent?  Did they reply? 

Foresthare

Thank you, I will add and send off today. 

They didn't reply to either of my emails. 

Foresthare

Do you think it's worth me giving DCB Ltd one more email to see if they would consent? How long should I wait for their response, or lack of response? 

I'm keen to get the N244 sent off and paid for so that I demonstrate I've acted promptly. But if there is a chance they could respond then that would save us both money in theory.  

Car1980

Email Sarah Ensall at sarah@dcblegal.co.uk

Coupon-mad

Foresthare said:

Do you think it's worth me giving DCB Ltd one more email to see if they would consent? How long should I wait for their response, or lack of response? 

I'm keen to get the N244 sent off and paid for so that I demonstrate I've acted promptly. But if there is a chance they could respond then that would save us both money in theory.  

I agree. I'd follow it up and give them until 31st because we know that they were also impacted by CNBC postal delays from the same week. They did an application for relief from sanctions last week in another case!

Do not agree to pay them any money though.

And run your final WS past us again. You do need the case law including citing the Denton tests, as seen in the CCJ WS by:

@icy_fox

@Brightonrock123

Foresthare

Ok thanks. 

Should I be asking her for consent to set aside the judgement? Should I still be asking to reinstate the claim? Is it worth sending her my witness statement? 

So it's fine to wait until 31st jan to submit n244? I thought I needed to do it quickly? 

Coupon-mad

Yes yes and yes - it's OK to wait re the n244 in your case - because you are 'acting promptly' by what you are trying hard to do this month to resolve it at lower cost to both parties and to save court time. 

You aren't doing nothing. You are acting promptly!

Foresthare

Hello again,

I am reaching the deadline I gave DCB Ltd of 31/01/2025 to submit my N244. 

I emailed Sarah Ensor on 20/01/2025 - I'm not sure if I should give another week for her to respond? Or go ahead and submit the N244 as promised on 31/01/2025? 

I'll paste my witness statement below.