Ccj advise

[Rock lobster]

So my best course of action today is to ask the claimant if they will agree to voluntary set aside? I doubt they will as they are aggressive (as they are wrong!). If they do not agree, I should call up the court (Northampton or local court?) to get a stay on the warrant (what should I say?), following that get the set aside papers in promptly.

is this correct?

[Amethyst]

Okay, have you informed the court that you sent the DQ and have a posting receipt, and that you haven't heard anything since from them?
Did you find out if the other side had filed theirs ? ( and also tell the court you didn't receive a copy )

You need to file your application to set aside the judgment, suspend the warrant, and for relief from the sanction of not filing the DQ (which had the consequence of the judge struck out your defence) asap.
Set Aside Application

[Rock lobster]

Ok so it seems they didn’t receive the paperwork saying which court and if I would accept mediation, I have the post office receipt from when I sent to to prove postage.

[jaguarsuk]

Without serving the defendant with notice of the application?

Yes, whilst they are supposed to serve it things do get lost in the post and/or the other side don't always play by the rules.

[davenewbergr]

To add to this it could also be that the Claimant filed to have the defence struck out under CPR 24.2 and summary judgement entered. It seems like they are quite the aggressive Claimant given they want to enforce via a Warrant of Control so quickly, so this is completely plausible.

It might be worth posting a copy of the claim form and your defence with identifying information removed to allow comment of the claim along with your prospect of defending it.

Without serving the defendant with notice of the application?

[jaguarsuk]

Get an application to set aside the judgment and for relief from sanctions in to the court but first give them a ring and check exactly what's happened. They should be able to put a bar in place while you get things sorted.

It sounds like the court struck out your defence as they didn't receive the directions questionnaire ( mediation form? - where you put which court you'd prefer and how many witnesses and that you are agreeable to mediation ? )

Did you send a copy of the questionnaire to the claimant ? or just the court ? and did you send recorded / registered post or just normal 1st class?

Usually if a DQ is late you get a reminder with a 7 day extension....so speak to court first and then you know the exact situation... you should also have had a letter saying your defence had been struck out due to the DQ not being filed.... so somethings gone wrong somewhere.

What date was issue of claim?
What date did you acknowledge the claim?
What date did you file your defence ?

To add to this it could also be that the Claimant filed to have the defence struck out under CPR 24.2 and summary judgement entered. It seems like they are quite the aggressive Claimant given they want to enforce via a Warrant of Control so quickly, so this is completely plausible.

It might be worth posting a copy of the claim form and your defence with identifying information removed to allow comment of the claim along with your prospect of defending it.

[MIKE770]

Set Aside Application

[Amethyst]

Get an application to set aside the judgment and for relief from sanctions in to the court but first give them a ring and check exactly what's happened. They should be able to put a bar in place while you get things sorted.

It sounds like the court struck out your defence as they didn't receive the directions questionnaire ( mediation form? - where you put which court you'd prefer and how many witnesses and that you are agreeable to mediation ? )

Did you send a copy of the questionnaire to the claimant ? or just the court ? and did you send recorded / registered post or just normal 1st class?

Usually if a DQ is late you get a reminder with a 7 day extension....so speak to court first and then you know the exact situation... you should also have had a letter saying your defence had been struck out due to the DQ not being filed.... so somethings gone wrong somewhere.

What date was issue of claim?
What date did you acknowledge the claim?
What date did you file your defence ?