Set aside default CCJ - incorrect address and likely statute barred

[echat11]

So the order will always be reviewed by a judge, because I'm a litigant in person. I'm thinking the claimant will probably consent to set aside under discretionary grounds, but not mandatory grounds because they insisted it was served at the last known address, despite evidence to the contrary. But I'm hoping the judge may read the witness statement and decide it's a mandatory set aside and the claim form needs to be served again. I can then challenge the courts jurisdiction when I acknowledge service.

Should I give them 2 weeks to reach agreement in a consent order, and then I'll apply to set aside the judgement without consent under CPR 13.2 mandatory grounds and challenge service?
Will a judge see it as unreasonable that I insist the claimant agrees service wasn't validly effected on the consent order before I sign it?
Will the costs of the frustrated consent application and application without consent be borne by the claimant if I'm successful?
Can I convert one application into the other and just pay the fee difference?

Should I give them 2 weeks to reach agreement in a consent order, and then I'll apply to set aside the judgement without consent under CPR 13.2 mandatory grounds and challenge service?

I take it they are aware that you are waiting for them to reach agreement?
Haven't you already sent of the email / application / Witness Statement?

Will a judge see it as unreasonable that I insist the claimant agrees service wasn't validly effected on the consent order before I sign it?

Can't tell you what the Judge will think.

Will the costs of the frustrated consent application and application without consent be borne by the claimant if I'm successful?

Normally, yes, CPR needs to be followed, the Judge will look at various things to make a decision on that.

Can I convert one application into the other and just pay the fee difference?

No, not that I'm aware of.

[name]

I take it they are aware that you are waiting for them to reach agreement?
Haven't you already sent of the email / application / Witness Statement?

I sent them the court, but I haven't served them on the claimant yet

[echat11]

I sent them the court, but I haven't served them on the claimant yet

O.K. your credit file should have all your addresses in recent times, correct?

Explain to your previous employer, they should have your correct address, but didn't, thus they have breached data protection principles and you are minded to lodge a complaint with the ICO.

Page 12 - https://ico.org.uk/for-organisations...e=pdf&patch=23

Have you sent your previous employer a Subject Access Request?

[name]

O.K. your credit file should have all your addresses in recent times, correct?

Explain to your previous employer, they should have your correct address, but didn't, thus they have breached data protection principles and you are minded to lodge a complaint with the ICO.

Page 12 - https://ico.org.uk/for-organisations...e=pdf&patch=23

Have you sent your previous employer a Subject Access Request?

What should I ask them to provide in the subject access request?

[echat11]

What should I ask them to provide in the subject access request?

Give them a date range, an employee number, evidence you seek from them to prove your case.
Be 'general' as you can, but in a way that will get you the information you seek. Don't tell them why you want the information.

https://legalbeagles.info/library/gu...ccess-request/

[name]

Give them a date range, an employee number, evidence you seek from them to prove your case.
Be 'general' as you can, but in a way that will get you the information you seek. Don't tell them why you want the information.

https://legalbeagles.info/library/gu...ccess-request/

Thank you for that.

Following my application to set aside, I received an order from the business centre dated 27th of August that the deputy district judge read my application and ordered the claim to be sent to my home court and for the application to be listed for hearing (on notice) and served.

Is this as expected for CCJ set aside by consent?

[echat11]

Thank you for that.

Following my application to set aside, I received an order from the business centre dated 27th of August that the deputy district judge read my application and ordered the claim to be sent to my home court and for the application to be listed for hearing (on notice) and served.

Is this as expected for CCJ set aside by consent?

Yes, that's what you wanted, so that you can make your case.

[name]

Yes, that's what you wanted, so that you can make your case.

I've received a letter that the application has been put before a local district judge, and that the judge requires a signed and dated consent order for consideration and approval.

The other party's solicitors have not replied to the three times I've written requesting this after agreeing in email to sign a consent order. They've not replied either when I asked for a copy of their complaints policy.

My questions: Can I keep communicating with the court and solicitors by email, or should I switch to postal letters?
What should I ask the court to do regarding the other party's inaction?
What will happen if I cannot provide the court with a consent order and how much time do I have?

[echat11]

a) The other party's solicitors have not replied to the three times I've written requesting this after agreeing in email to sign a consent order. They've not replied either when I asked for a copy of their complaints policy.

Who have you been writing to at the company?

b) My questions: Can I keep communicating with the court and solicitors by email, or should I switch to postal letters?

The Court hasn't said you need to change the 'medium' of communication.

c) What should I ask the court to do regarding the other party's inaction?

This is where there are procedures to be followed, you should of had the 'consent order' signed by the company before proceeding with the set a side. I don't think the Court can do anything to get matters moving.

d) What will happen if I cannot provide the court with a consent order and how much time do I have?

You'd have to amend the set a side, pay the full fee. So you proceed as if you never contacted the company. Give the Court a ring see what they suggest.

[name]

You'd have to amend the set a side, pay the full fee. So you proceed as if you never contacted the company. Give the Court a ring see what they suggest.

I proceded as you suggested and the judgement was set aside, however there were errors I'm concerned in the set aside order
First, they don't aknowledge service of the claim was invalid, but rather the opposite. Second they say the order was by consent, when I paid the full fee for it. Third, no order was made as to costs, but I was expecting to revover the costs of the application.
Here's the full order:

Before District Judge Coulthard sitting at the County Court at XXXX
Upon reading the Coun file:
And upon reading the defendant's application dated the 9th October 2024:
And upon the defendant emailing the claimant's representatives disputing service of the Court Proceedings and subsequently applying to the Court:
And upon the claim having been served on the defendant at the last address known to the claimant pursuant to CPR 6.6(3), but the defendant confirming that he was no longer residing at that address:
And upon the Claimant being satisfied that the defendant has demonstrated good reason as to why Judgement ought to be set aside in accordance with CPR 13.3. (1) (b):
AND BY CONSENT:
IT IS ORDERED THAT
1. The address for the defendant shall be updated to XXX
2. The County Court Judgement dated the 17th May 2024 be set aside.
3. The defendant is to file and serve full particulars of defence by no later than 4.00pm on the 6th December 2024. The claimant be permitted to file and serve a reply to the defence, where so advised, by no later than 4.00pm on the 3rd January 2025.
5. The parties do file and serve their Directions Questionaires by no later than 4.00pm on the 17th January 2025.
6. As this order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send, or deliver, the application to the Court (together with the appropriate fee) to arrive within seven days of service of the order.
7. No Order as to costs.

Date Order Made: 20 November 2024

[Pezza54]

Am I missing something?
The DJ hasn't ordered the claimant to serve full particulars of claim at the defendant's current address
Post 5 item 2 in the draft consent order

[echat11]

Clearly 3 / 4 anomalies in the Court Order.

I would write to the Judge / Court regarding the anomalies.

The important bit is to carry out the instructions in the Court Order.

'3. The defendant is to file and serve full particulars of defence by no later than 4.00pm on the 6th December 2024

5. The parties do file and serve their Directions Questionaires by no later than 4.00pm on the 17th January 2025.'

Here is an example defence, anything relating to CCA doesn't apply so omit.

https://legalbeagles.info/library/gu...-court-claims/

Copy and paste the defence on this thread without personal details.

[name]

Clearly 3 / 4 anomalies in the Court Order.

I would write to the Judge / Court regarding the anomalies.

The important bit is to carry out the instructions in the Court Order.

'3. The defendant is to file and serve full particulars of defence by no later than 4.00pm on the 6th December 2024

5. The parties do file and serve their Directions Questionaires by no later than 4.00pm on the 17th January 2025.'

Here is an example defence, anything relating to CCA doesn't apply so omit.

https://legalbeagles.info/library/gu...-court-claims/

Copy and paste the defence on this thread without personal details.

But if I want to challenge jurisdiction based on improper service of the claim form, filing a defence will weaken my claim.
When I file a defence, do I just email it to the court like I did to the N244, or do I need to post it to the claimant as well. I don't understand what they mean by file and serve

[echat11]

But if I want to challenge jurisdiction based on improper service of the claim form, filing a defence will weaken my claim.
When I file a defence, do I just email it to the court like I did to the N244, or do I need to post it to the claimant as well. I don't understand what they mean by file and serve

O.K., so you challenge their failure to serve the claim form correctly, they are then ordered to serve the claim form correctly, then you are ordered to lodge your Defence with the Courts / Claimant's solicitor.

You should be able to file your Defence via MCOL and send a copy to their solicitors, make sure you get Proof of Postage (you could email it to them providing they have agreed that you can do that).

[name]

O.K., so you challenge their failure to serve the claim form correctly, they are then ordered to serve the claim form correctly, then you are ordered to lodge your Defence with the Courts / Claimant's solicitor.

You should be able to file your Defence via MCOL and send a copy to their solicitors, make sure you get Proof of Postage (you could email it to them providing they have agreed that you can do that).

the way to challenge improper service is together when you aknowledge the claim, but I never received it. Also, does the deadline of 4pm today also apply to sending a copy of my defence to their solicitors?