Author Topic: ***URGENT***Need to present this week a N244 to set aside CCJ by defult  (Read 3842 times)

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Re: ***URGENT***Need to present this week a N244 to set aside CCJ by defult
« Reply #45 on: »
This is not a hearing regarding the substantive matter, surely. It's to consider your set aside request. The WS of both parties seem to be straying from this, IMO.

So much of your WS is predicated on you not being properly served that IMO this question should be front and centre i.e. why weren't you 'properly served'?

Because you ignored their Trace letter and they then served you at your original address.

If service could simply be avoided in this way then the process would grind to a halt, surely.

I cannot see what the Claimant did incorrectly here.

Just saying.....

Re: ***URGENT***Need to present this week a N244 to set aside CCJ by defult
« Reply #46 on: »
I'm sure you'll be fine. Here is a short video that explains what actually happens in a small claim hearing:

https://youtu.be/n93eoaxhzpU?feature=shared

Good luck tomorrow and come back with a "court report" of what happened.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: ***URGENT***Need to present this week a N244 to set aside CCJ by defult
« Reply #47 on: »
Thanks for your insights @H C Andersen

Dear @b789,

The judge accepted setting aside the CCJ, but I have 28 days to present my case.

She told me to seek legal advice.

Does the other party present a new POC?

Many thanks!

Re: ***URGENT***Need to present this week a N244 to set aside CCJ by defult
« Reply #48 on: »
Did the judge read the skeleton argument? Was the other side represented at all? What exactly happened? What about your costs for the application? What exactly did the judge say about the claimant needing to send amended PoC?

You should get a copy of the judges order in about a week. Show that to us when you receive it.

Any defence will be cased on what was in the skeleton argument and your WS.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: ***URGENT***Need to present this week a N244 to set aside CCJ by defult
« Reply #49 on: »
Hi @b789,

Did the judge read the skeleton argument?

No, because when I asked her, she said she was going to grant the set aside, so she does not need the skeleton argument.

Was the other side represented at all?

No, they were not.

What exactly happened? What about your costs for the application?

The judge was rushing. My hearing was pushed back because the judge had a team's hearing, and she overran the previous hearing.

She said:

She conceded the set aside, but I need to present a defence in 28 days. She ordered the claimant to pay me the fee, and she suggested me to look for legal advice.

She ordered the claimant to pay me the £303

What exactly did the judge say about the claimant needing to send amended PoC?

Nothing, it is just me asking you.

I am still confused if the claimant can send a new POC.
« Last Edit: April 28, 2025, 04:16:27 pm by FLA_77 »

Re: ***URGENT***Need to present this week a N244 to set aside CCJ by defult
« Reply #50 on: »
It will depend on the order. However, it is good news that they were ordered to pay your costs.

I doubt that they will defend this and are most likely to cut their losses and discontinue.

When the order comes, we'll have to exactly what the judge ordered. It is so unfair though that she didn't take the time to read the skeleton as she could have just struck the claim out there and then.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: ***URGENT***Need to present this week a N244 to set aside CCJ by defult
« Reply #51 on: »
Well done for gettinh this far and getting your fees reimbursed.

Let's wait for the judge's detailed order and next steps.


Hi @b789
I hope you're doing well.

I have not yet received the judge's order. I changed my address but notified the court in April, as well as the judge on the day of the hearing.

Would it be appropriate to contact the claimant's solicitor to request reimbursement of the court fee and the removal of my details from the trust registry?

Many thanks!

« Last Edit: May 08, 2025, 08:29:18 pm by FLA_77 »