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  • FIRST POST
    • LeishyST
    • By LeishyST 5th Jan 18, 4:52 PM
    • 3Posts
    • 0Thanks
    LeishyST
    CCJ - Setaside
    • #1
    • 5th Jan 18, 4:52 PM
    CCJ - Setaside 5th Jan 18 at 4:52 PM
    I'm hoping you can help,
    I applied for a Set aside for a CCJ that was awarded last year, the set aside hearing is on the 19th January and I received notice of this back in December. That's all fairly straight forward but I received a letter on 29th December from the Claimants requesting proof of why I was unable to do mediation previously and giving me until the 9th January to supply them with this information. It randomly stated on the bottom of the letter that the 'Court officer' also wanted the proof but I have had no correspondence from the court regarding this.
    I guess my question is do i have to reply to the claimants when they have contacted me directly and if the court wanted this information wouldnt they have contacted me themselves?
Page 1
    • fatbelly
    • By fatbelly 5th Jan 18, 5:00 PM
    • 12,359 Posts
    • 9,397 Thanks
    fatbelly
    • #2
    • 5th Jan 18, 5:00 PM
    • #2
    • 5th Jan 18, 5:00 PM
    No, mediation is not compulsory. It's an option.

    It's also nothing to do with your setaside application.

    The setaside, if successful, would move the claim back to the start point. Then you will be able to put in your defence and the directions questionnaire offering mediation will follow after that if the creditor disputes the defence..
    • LeishyST
    • By LeishyST 5th Jan 18, 5:45 PM
    • 3 Posts
    • 0 Thanks
    LeishyST
    • #3
    • 5th Jan 18, 5:45 PM
    • #3
    • 5th Jan 18, 5:45 PM
    So I can ignore their request for proof I was in the hospital with my son and couldn't reply to paperwork or agree to mediation then? It wont affect my chances of getting the set aside if I don't send them any proof?
    • LeishyST
    • By LeishyST 9th Jan 18, 9:33 AM
    • 3 Posts
    • 0 Thanks
    LeishyST
    • #4
    • 9th Jan 18, 9:33 AM
    • #4
    • 9th Jan 18, 9:33 AM
    Any help as they gave me a deadline of today to reply
    • fatbelly
    • By fatbelly 9th Jan 18, 1:07 PM
    • 12,359 Posts
    • 9,397 Thanks
    fatbelly
    • #5
    • 9th Jan 18, 1:07 PM
    • #5
    • 9th Jan 18, 1:07 PM
    The setaside application is between you and the court.

    The claimants are probably going to oppose it anyway, and the court will make up its mind on what you have sent them.

    Yes, I'd ignore the creditor and their made-up deadlines.
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