Appealing against a Set Aside Notice (N244)

[Bsr90]

We have had significant issues with a non-paying Customer for over 12 months. A CCJ was raised against the Customer in April 2023 for non-payment in early-2022. I have provided a summary of the circumstances:

1. Customer issued with Claim through online platform after appropriate collection process.
2. Customer opted provided a witness statement online
3. Customer did engaged with ADR but opted for Court proceedings
4. Customer did not send witness statement to Court in Nov 2022
5. Customer did not send witness statement to Claimant in Nov 2022.
6. Customer did not attend hearing in April 2023.
7. Contact since made with Customer during enforcement of Judgement and they were on holiday during hearing
8. Customer files Set Aside notice with Court

A notice from the court was issued by email to both parties with the ORDER:

1. Application dated XXth April 2023[list first available date] with a time estimate of 30 minutes.
2. Any enforcement of the judgment dated XX^th April 2023 is stayed pending the hearing of the application to set aside judgment and/or for a re-hearing.
3. This order having been made without a hearing and without notice either party may apply to have it set aside or varied within seven days of service of this order.

Is there an appropriate way for us to appeal the Set Aside request? It seems to be spurious at best. The Customer did not engage in the process and does (obviously) meet the terms of the CPR for a Set Aside to be available to them.

We feel like the debt (invoice raised in 2021) is taking forever to be enforced and we're going round in circles.

Any help would be really appreciated!

[pt2537]

Theres nothing to appeal from what i can see. The order simply gives notice of a stay on enforcement pending the hearing of the application.

Id focus on preparing for that hearing, or if you wish applying to set aside the stay on enforcement

[Bsr90]

Theres nothing to appeal from what i can see. The order simply gives notice of a stay on enforcement pending the hearing of the application.

Id focus on preparing for that hearing, or if you wish applying to set aside the stay on enforcement

That's really helpful, thank you. So we should expect to prepare for a hearing to 'Set Aside' the judgement. At that meeting we would present why we think it's inappropriate to Set Aside and maintain the original Judgement?

Out of curiosity, on what basis would I have the right to request that the 'stay' on enforcement is inappropriate?