CCJ set aside chances after TPDO adjourned

[legalfun]

Hi all,

I have posted here before about this matter at previous steps.

In April 2025, i won a hearing against a ltd company. They did not turn up but I still had to argue my case so it was not a default judgement.

2 weeks after the hearing, I emailed the defendent to inform them of the judgement and they are due to pay. They said they did not receive the hearing notice so would be applying to set aside. Possibly true - I did send them my evidence bundle weeks before (signed for) and they made no mention/comment about it.

Come July 2025 I finally receive the judgement in mail so I enquired again with the defendent and sent them a copy via email. They said they would apply for setting aside.

In August I asked for updates and they said they had applied in July. Ok. I follow up in September and December but no response.

In March 2026 i applied for a TPDO and was sent a hearing letter for May 2026 (received letter in early April 2026). The defendent then filed to set aside mid-April, but I only found out on the day of the hearing from their solicitor.

At the TPDO hearing, the solicitor argued they only found out about the judgement from the TPDO hearing letter but that's not true as they acknowledged my email 2 weeks after the original hearing back in April 2025 (so over a year ago).

The judge adjourned to allow for the setting aside hearing.

It seems that they will very likely get it set aside. I feel it is quite unfair that they have had all this time to do it, and said they did do it but in reality only did it when their funds were frozen. It's been over a year since the original hearing. The ignored all my attempts before court, they ignored my letter before action, they ignored a subject access request, and they did not attend the mandatory mediation. They have been filing gazette notices (once last year on the day of the hearing, but rescined 2 weeks after), and another on the day they filed the application to set aside) and rescinding, they have late filings and a large director's loan, and they are a small services ltd company who created another with a very similar name last year.

I got lucky with the TPDO. I already feel prejudiced that it may revert back to the original hearing stage but if the TDPO is cancelled, they most certainly will move their funds and then don't even have to engage. They have multiple unpaid CCJs.

Do I have any chance? What should I do to maximise my chances?

thanks in advance

[Frank1]

You should write, file and serve a Notice of Objection for the set aside hearing.
Include a witness statement and evidence.

[legalfun]

Hey Frank, your reply is much appreciated.

What's the advantage of this? Since there is already a hearing

[Frank1]

If you don't object to the application the judge may decide on papers alone.

[legalfun]

Thanks again for the swift reply.

I will submit. Is there a specific form? Does it sound like I have a chance at having the set aside declined?

[Naoko]

You should submit a formal Witness Statement in response to the defendant’s application, rather than a “Notice of Objection,” as no such document exists under the CPR in the context of a set-aside application.

Assuming the matter was allocated to the small claims track, the relevant rule is CPR 27.11: https://www.justice.gov.uk/courts/pr...s/part27#27.11

For the application to be successful, the defendant must show:

1. they had a good reason for not attending the hearing; and
2. they have a reasonable prospect of success at a rehearing.

*Under the rule, the application should also have been made within 14 days of the judgment served on the Defendant.* It appears the court may not have the accurate timeline at the TPDO hearing, possibly due to incorrect timelines presented by the defendant’s solicitor.

Your Witness Statement should be concise and focused on the timeline and key evidence, particularly the delay in making the application, the reason for missing the hearing, and whether the defendant realistically has prospects of defending the claim. Relevant emails, letters, and proof of posting/delivery you may have should all be included in the appendix of the witness statement and referenced in the statement.

Whilst your chances of opposing the application look good to me, you can also ask the court that, if it is nevertheless inclined to set aside the judgment, the order be conditional upon the Defendant making a payment into court for the claim amount until rehearing. The court has the power to impose such a condition under CPR 3.1(3). To support that request, include any evidence you have of non-compliance with the court orders, non-engagement or avoidance of payment

Did a solicitor represent the defendant before the TPDO hearing?

[legalfun]

Naoko thank you for such a lengthy reply.

How do I know it was via small claims track? It is well under £10k and filed via MCOL first.

I am not aware of the solicitor being involved before the TPDO hearing. He may have been involved in the n244 because there is an account fee listed on the form.

Is there any chance of submitting my witness statement and the judge deciding to refuse to set aside before the hearing? Or will that definitely have to go ahead.

Also, if they intend to rely on the evidence and statements they laid out in the n244 (they attached like 5 docs), their defence is hardly different to what they submitted to the MCOL. Again the original judgement was made on the basis of me attending and their MCOL defense.

[Frank1]

Sorry my mistake there is no notice of Objection form.
When I simply asked copilot to draft a respondent's witness statement opposing a court application to set aside judgment or an order, the AI quickly drafted a suitable statement with 9 headings

[legalfun]

I have re-read the CPR 27.11 which states the following:

27.11

(1) A party –

(a) who was neither present nor represented at the hearing of the claim; and

(b) who has not given written notice to the court under rule 27.9(1),

may apply for an order that a judgment under this Part shall be set aside^(GL) and the claim re-heard.

(2) A party who applies for an order setting aside a judgment under this rule must make the application not more than 14 days after the day on which notice of the judgment was served on him.

(3) The court may grant an application under paragraph (2) only if the applicant –

(a) had a good reason for not attending or being represented at the hearing or giving written notice to the court under rule 27.9(1); and

(b) has a reasonable prospect of success at the hearing.

(4) If a judgment is set aside –

(a) the court must fix a new hearing for the claim; and

(b) the hearing may take place immediately after the hearing of the application to set the judgment aside and may be dealt with by the judge who set aside the judgment.

(5) A party may not apply to set aside a judgment under this rule if the court dealt with the claim without a hearing under rule 27.10.

Rules 27.12 and 27.13 are revoked.

It seems to me that the judge should not even consider 27.11(3) given that 27.11(2) conditions have not been met. The defendant will have at least received the judgement order in July 2025 because I sent them a copy - I'm not sure if that counts as served on him/her.

However, in the defendant's witness statement for the upcoming hearing, they state that they only heard about the hearing from the judgement order - so there is no doubt they received a copy, and hugely unlikely to have been received a year later.

Can I reasonably expect the n244 to be rejected?

I know I have asked and have been given responses but honestly I am still trying to understand what is likely to occur. I have put so much work in preparing, witness statement is done for the n244 hearing. It seems totally unfair that I may need to prepare again a whole year later when they knew a couple weeks after the hearing but just sat on it.

Honestly it's crazy, in their evidence for the n244, they dispute the whole thing but dispute the cost amounts i'm claiming - but put screenshots of payments from someone completely different!

[Frank1]

You should prepare your witness statement for the set aside hearing carefully making sure to include your email to the defendant about the original hearing and judgement, and your email attaching a copy of the ccj.
You must attend the hearing and be prepared for the judge (if the set aside application is successful) to hold the hearing for your claim and the defence at the same time (cpr 27.11 (4)(b)). So you should take all your documents to the hearing.