Set aside- now what?

[cbatten565]

Good evening folks

I am over joyed today as I managed to get judgement in default set aside against Lowell.

The judge at the end said that a DQ will be sent out with the order from today's hearing so what next?

Will I now have the opportunity to defend or can I choose to pay when I fill in the DQ?

I trust that the costs they claimed on the original claim no longer stand?

Your help would be appreciated....

[cbatten565]

Re: Set aside- now what?

Is anyone able to help?

[Kati]

Re: Set aside- now what?

Have you received the DQ??

Can you tell us what the claim was about??
[MENTION=87380]Diana M[/MENTION] xx

[thedirtyhound]

Re: Set aside- now what?

You are now back in the position that you were in when the claim was issued, so the costs and interest on the claim form are still valid. You will still have to deal with them.

I suspect you are also out of pocket to the tune of £255.00 for your successful application to set the original judgment aside?

Usually at a hearing to set judgment aside the defendant is required to show that they have a reasonable prospect of successfully defending the claim. A judge will normally give you the benefit of the doubt, even if he/she think your chances are less than 50:50.

So assuming that is true in your case, it does give you some degree of bargaining power in trying to reach a settlement, assuming that is what you want to do. Obviously, if you deny the claim in its entirety you may wish to continue to defend it. If it is a small claim, you are also on safe grounds because the judge who granted your application must have felt that you had some degree of arguable case. It is therefore highly unlikely another judge with think you were being reckless and will therefore award the other side their legal costs in the event that they win.

What I can tell you is that the other side will be totally pissed off and they now know that if they are going to succeed with their claim, they will probably have to go to court again. This may encourage them to offer you a very generous discount, or even throw the towel in.

The ball is now very much in your court as to what you want to do next.

If you are adamant that you don't owe the money, then continue to fight it. On the other hand, if you know you owe it, you can still mitigate your losses by negotiating a favourable settlement.

In the short term I would do nothing other than send in your DQ and see what the other side does.

I received a claim last March from Restons acting for Arrow Global. I defended it and the claimant was then given 30 days to inform the court if they wished to continue with it. They did nothing and so it was automatically stayed. It will now cost them an irrecoverable fee of £100.00 if they wish to resurrect it, which they won't.

Good luck with it!

[Diana M]

Re: Set aside- now what?

I can see a couple of threads about this Lowells claim (and a Cabot set aside at the same time) so maybe ask @Kati to merge them if that would help to see the history.

Thread 1 > http://legalbeagles.info/forums/show...l=1#post754466

Thread 2 > http://legalbeagles.info/forums/show...l=1#post760256

Now that the CCJ has been set aside you can send a s 77-79 CCA Request to Lowells and a CPR 31.14 Request.

I see from your other thread that you've already "requested" the credit agreement from Lowells but was that a formal s 77-79 CCA Request together with the £1 statutory fee?

I think this was an old J D Williams catalogue account so see if Lowells can comply with your CCA Request before you make a final decision on whether to settle the debt or not.

If they can't/don't comply with your CCA Request the debt becomes unenforceable in court unless or until they do.

Have you requested and have Lowells produced any Default Notice?

Did the court Order also say that you should file a Defence by any deadline? Normally a DQ would be done after a Defence is filed.

Di