default judgement, set aside application, and request for evidence

[sy8111]

Hi,

We received a money claim and got default judgement due to claimant's procedural error. We acknowledged and planned to submit defence on the 25th day. But claimant filed a default judgement before it and MCOL approved it! Their reason is that we didn't file defence within 14 days of acknowledgement. This is apparently wrong against CPR rule.

We then submitted N244 set aside application. But this wrong default judgement left a CCJ in my credit report which affect me negatively. Just wonder, if we can make complaint to MCOL who did wrong thing to approve the default judgement and affect my credit file?

The set aside application is now allocated to a district court and we are waiting for judge to pick it up. When we filed the application we filed defence and counterclaim and served a copy to claimant. Now claimant write to us to request some evidence on our defence statement, quoting CPR rule 31.14, and give us 7 days. Just wonder: if this is procedurally correct and should we comply and provide evidence to claimant now? Since set aside is not reviewed by judge yet so the actual claim proceedings not started.

Regards

[atticus]

CPR 31.14 entitles other parties to see documents that you have referred to in your statement of case. Assuming that the request relates to a document that you have mentioned in your defence and counterclaim, I can think of no reason not to provide a copy now.

For information, CPR 15.4 sets out the time for filing a defence: https://www.justice.gov.uk/courts/pr...rules/part15#3