CCJ & High Court Rit

sh4rpy03

Does this seem ok please 

Dear xxxx,

I am writing to you to say that I accept the Claimant’s Draft Order that I received from you in the previous email, and I ask that the court please pass the file back to the Judge and see if they will accept the agreed order and vacate the hearing that is scheduled for the 2nd May 2025 at 10:00am claim number xxxxx

Your faithfully 

Coupon-mad

No, use my words, that's why I typed all that.

sh4rpy03

@Coupon-mad so I’ve added the last part of your text in does look better now ?

thanks again for all your help

I am writing to you to say that I accept the Claimant’s Draft Order that I received from you in the previous email, and I ask that the court please pass the file back to the Judge and see if they will accept the agreed order and vacate the hearing that is scheduled for the 2nd May 2025 at 10:00am claim number xxxxx. The draft order Seems to meet the Overriding Objective not to have an attended hearing in this case, given the Claimant has already agreed to the CCJ set aside (CPR 13.3, applies) and has also agreed to the dismissal of their claim and is not attending anyway.

Coupon-mad

Yep, email that but if you get no reply you'll have to assume the hearing goes ahead.

sh4rpy03

Ok thank you @Coupon-mad would I still need to prepare a defence for the hearing or would it just be a case of turning up ? 

Coupon-mad

Just turning up as this is your hearing to set aside the CCJ. However it would be a good idea to also have the bare bones of a defence in your notes, in case the judge isn't convinced there's sufficient 'good reason' to set aside the CCJ under CPR 13.3

ChirpyChicken

What date is the hearing and which court can check the afternoon before on courtserve for you.

sh4rpy03

@Coupon-mad that’s what I was thinking just have something as a back up and that would be great @ChirpyChicken the hearing is 2nd may at hull combined court. 

sh4rpy03

Just had this email from the courts so it looks like I will have to attend to ensure the set aside 

Good afternoon,

Thank you for your email.

 

We are unable to vacate the hearing without a formal application, but we will place your email and the Claimant’s draft order on file for the Judge to review at the hearing.

 

It is up to you if you would also like to attend.

 

Kind regards,

ChirpyChicken

I would certainly attend