Claimant ccj info pls on set aside from my side

[Wobbly47]

Hi, in March at ccj hearing judge awarded in my favour. Both sides had returned all forms and court packs etc..as claimant I attended, defendant was no show. Judge questioned me using both evidence packs and made ruling. Over 30 days later, defendant applied for set aside (hearing date later this year) stating default claim, got the court date wrong and wants chance to defend as a ccj wouldn't be good for them.

Any advice on how to proceed would be so helpful please. Should I go to set aside hearing? Have hounded the court for copies or information and got a hearing date nothing else.

Thank you

[Pezza54]

Hi
Welcome to LB

Please read all of CPR 27.11 Setting judgement aside and re-hearing (on the small claims track)

27.11 (2) A party must make an application to set aside judgement within 14 days of the date the judgement was served

(3)(a) A party must have a good reason for not attending the hearing

(3)(b) A party must have a reasonable prospect of success with their claim or defence

You should prepare a witness statement opposing the application based on (2) and (3) above, file and serve your witness statement nearer the hearing date and attend the hearing

[Wobbly47]

Hi Pezza, thank you so much for your response, hugely appreciated. I will read cpr 27.11, thank you for that. I'd tried to find answers myself but read so much that seemed based on the defendant's view point I was totally confused!
thank you again

[Pezza54]

Your appreciation is much appreciated