Confused with Set Aside Court Hearing Due Next Week

[jeezy]

I think that is called forward planning.

Others more knowledgeable about consumer credit cases can answer your question.

Apologies if not clear Rob, i am going off a message kindly received from admin which I received below. My questions therefore refer to whether the defence template for CCD be applicable to use in this circumstance and whether I should send this to the court email address

The documents you have sent over show that the Claimant, Cabot have agreed to your set aside application by consent. There will not be a hearing on the 25th October 2023.
I am assuming you filed a set aside application to court upon discovering the CCJ? It would seem your opponent agrees that the documents may not have been sent to correct address. However, I am also assuming that you did not submit a fully pleaded defence with your set aside application?
Now that set aside has been agreed, you must draft and submit to the court and Cabot a fully pleaded defence, within 30days. We have templates on LegalBeagles that may help if you have not done this before.
Just on a further note, did you have to pay £255 to apply for the set aside?
If they sent it to the wrong address in the first place you should actively seek repayment of those costs.

[R0b]

Bit lost on this now because you seem to go from saying you think a set aside has been agreed and there is no hearing but then there is a hearing tomorrow. Your partner needs to herself in order because if this is what she is like in front of a judge, I wouldn't be surprised if the judge dismissed the application altogether. Either the consent terms have been agreed or they haven't. If they have, tell the judge that they have been agreed, or if not, I refer to my earlier post.

The contents of the defence will be dictated by the particulars of claim filed by Mercedes and you haven't supplied any background information about the dispute. Equally, your reference to car lease damages falling within the Consumer Credit Act is also vague and doesn't make sense, so the answer could be yes or no depending on the question/issue.

[atticus]

I think that is called forward planning.

Others more knowledgeable about consumer credit cases can answer your question.

[jeezy]

https://legalbeagles.info/library/gu...-court-claims/

Thank you for your reply and for sending the link, will get onto it asap. Would car lease damages fall under consumer credit debt and thus using this template would be ok?

To confirm would I need to file the defence prior to the date given of tomorrow for the hering

[atticus]

https://legalbeagles.info/library/gu...-court-claims/

[jeezy]

You can respond to the email that Mortimer Clarke sent to the court and make it clear that you do not consent to the terms as suggested. Mortimer Clarke have sent the email which suggests your partner has consented to the set aside on those terms when in fact that isn't the case - therefore MC are misleading the court by sending that email with the attached letter, a serious breach of their code of conduct. Should also state that the hearing is to go ahead and you will be attending on Wednesday. Just make sure you reply all to that email if that's what your partner intends to do, but if your partner has already consented, it would make your partner look pretty foolish if an email denying the consent only for MC to provide evidence.

The court letter about the hearing will tell you everything you need to know, it will not be done piecemeal. Go back and read the letter and it will give you a time and date and unless it explicitly states that it is a remote hearing, you should assume you need to attend in person. The fact you mentioned you have a court date and it's 25 October tells me that you already have this information so I am not sure what other details you are expecting from the court, can you elaborate?

Thank you, I believe the as set aside has been agreed to there is not a hearing as such tomorrow.

I will need to file a fully pleaded defence, can this be sent to the email that MC sent to the court? I looked on the forum for a defence template but at the link below there doesnt seem to be one asides from the Witness Statement, is it located elsehwhere?

https://legalbeagles.info/library/ho.../#draftdefence

[R0b]

You can respond to the email that Mortimer Clarke sent to the court and make it clear that you do not consent to the terms as suggested. Mortimer Clarke have sent the email which suggests your partner has consented to the set aside on those terms when in fact that isn't the case - therefore MC are misleading the court by sending that email with the attached letter, a serious breach of their code of conduct. Should also state that the hearing is to go ahead and you will be attending on Wednesday. Just make sure you reply all to that email if that's what your partner intends to do, but if your partner has already consented, it would make your partner look pretty foolish if an email denying the consent only for MC to provide evidence.

The court letter about the hearing will tell you everything you need to know, it will not be done piecemeal. Go back and read the letter and it will give you a time and date and unless it explicitly states that it is a remote hearing, you should assume you need to attend in person. The fact you mentioned you have a court date and it's 25 October tells me that you already have this information so I am not sure what other details you are expecting from the court, can you elaborate?

[jeezy]

Hi

Your first post is a little puzzling. Have you actually consented to the terms that Mortimer Clarke have offered? It's not an official consent order signed by either party but the way it's written suggests you have consented to this. Equally, the letter sent to you suggests you haven't consented and they have assumed you will.

So back to the question, have you consented or are you inclined to consent to the terms they are putting forward? You will be required to file a defence within 21 days based on their claim and that will be to the county court that will hear your case, which seems to be Watford.

The order also indicates no order to costs, so if you have incurred fees paying for the application then this order means you will not get that back - are you comfortable with absorbing the £275 fee or whatever you may have paid?

If you do consent, then you should respond to the email for clarification that you do consent to those terms. Given the hearing is in a few days, I would suggest you attend anyway because the judge may not get the email in time and assume you just never turned up. As it's your application, the judge might dismiss it and the judgment stands. Entirely up to you if you want to take that risk of not attending.

Personally, if I were in your shoes, I would not be consenting to the terms of that consent order. First, I would want any fees that I've paid returned. Second, why do you need to file a defence if they want to stay proceedings for 6 months? I would be saying that the claim is stayed 6 months and if the claimant wants to reinstate the claim, at that point they should pay to reinstate and only then you file your defence within 21 days. Doesn't make logical sense to file a defence and then immediately stay proceedings. There may be evidence that turns up in the meantime to support your defence.

I should say, if you do not consent, then you may be required to prove your case to set aside the default judgment so you need to be prepared for that. However, you may want to try and say to the judge first that you do consent but not on the terms offered by the claimant, and explain your reasons e.g. you want your application fees to be paid by them, when the defence should be filed, claim be stayed for 6 months to allow for discussions and if the claimant does apply to reinstate before the expiry of those 6 months, the claim should be struck out etc.

Finally, I don't understand what you mean when you say you cant make out the hearing details. The court letter will tell you the instructions as to the time and place you need to attend court.

Hi Rob,

Thank you firstly for your informative reply which has made things clearer for me. This is on behalf of my partner I have just checked and they said they did not consent

Reference responding to state that do not consent, how do i go about this do i need to put this in writing and email it to the court email address at the top of the letter or prepare it for the hearing date to present it in person?

Finally, in relation to the court hearing details, I assume you mean this will be on a separate letter received giving the details for the attendance.

Thank you again for your help on this

[R0b]

Hi

Your first post is a little puzzling. Have you actually consented to the terms that Mortimer Clarke have offered? It's not an official consent order signed by either party but the way it's written suggests you have consented to this. Equally, the letter sent to you suggests you haven't consented and they have assumed you will.

So back to the question, have you consented or are you inclined to consent to the terms they are putting forward? You will be required to file a defence within 21 days based on their claim and that will be to the county court that will hear your case, which seems to be Watford.

The order also indicates no order to costs, so if you have incurred fees paying for the application then this order means you will not get that back - are you comfortable with absorbing the £275 fee or whatever you may have paid?

If you do consent, then you should respond to the email for clarification that you do consent to those terms. Given the hearing is in a few days, I would suggest you attend anyway because the judge may not get the email in time and assume you just never turned up. As it's your application, the judge might dismiss it and the judgment stands. Entirely up to you if you want to take that risk of not attending.

Personally, if I were in your shoes, I would not be consenting to the terms of that consent order. First, I would want any fees that I've paid returned. Second, why do you need to file a defence if they want to stay proceedings for 6 months? I would be saying that the claim is stayed 6 months and if the claimant wants to reinstate the claim, at that point they should pay to reinstate and only then you file your defence within 21 days. Doesn't make logical sense to file a defence and then immediately stay proceedings. There may be evidence that turns up in the meantime to support your defence.

I should say, if you do not consent, then you may be required to prove your case to set aside the default judgment so you need to be prepared for that. However, you may want to try and say to the judge first that you do consent but not on the terms offered by the claimant, and explain your reasons e.g. you want your application fees to be paid by them, when the defence should be filed, claim be stayed for 6 months to allow for discussions and if the claimant does apply to reinstate before the expiry of those 6 months, the claim should be struck out etc.

Finally, I don't understand what you mean when you say you cant make out the hearing details. The court letter will tell you the instructions as to the time and place you need to attend court.

[jeezy]

Attached are the letters received