Set Aside - what happens after?

[Moobat]

Hi, if a judgment is set aside, what happens next? Would the claimant put in a new claim which would be dated at the point of the new claim?

The scenario is this; I think the debt is statute-barred, but they claim that payment was made 2 weeks before the 6 years would have elapsed and a 6 years and matter of days before the judgment (by default) was entered. I have asked for evidence of this via SAR, but it has been ignored. I'm taking a punt on the set-aside, and feel it's worth £255 to give it a go.

if, and I know it's a big if, the judgment was set-aside, would the date of the new claim be then, or back when the original claim was made? hope that question makes sense, as it would make any new claim 100% statute-barred.

Thanks

[MIKE770]

No the claim goes back to the time it was be before set aside, beginning again generally read threads and you get the idea of system

[Moobat]

No the claim goes back to the time it was be before set aside, beginning again generally read threads and you get the idea of system

Thanks. So essentially the benefit is to be given the change to able to defend the original claim?

[pt2537]

Mike is right, id add though that there are many orders that can arise after judgment is set aside. It could be set aside, then the claim is struck out or it could be set aside and then reserve proceedings etc.

The Court will give case management directions for how the case proceeds after setting aside judgment.