Set Aside

[Anna1972]

I'm sorry to hear this. I just implore you sit tight and persevere.
It will be resolved in your favour.

I would contact the court afterwards and ask to file a complaint - where you could point out that the process was not fair.
And that it has increased times for access to justice for other citizens including you

[zas90]

Unfortunately, he has been afforded another chance to file a defence and pay costs. Yet again he has until the 14th February to file a defence upon me, provide the court with a certificate of postage, and pay my £50.*

Is there anyone I can complain to? How is it right that someone can fail to comply with an order this many times and be given numerous chances.*

Something isn't right, I'm not getting a fair trail either.*

[zas90]

Thanks for your help and assistance it's been gratefully appreciated, I'll pop back should I get the order soon.*

[jaguarsuk]

I've asked for a judgement to be entered against the Defendant, he failed to submit a defence as per the order (again). Hopefully the case is resolved within the next week or two.

Excellent, there'll be no set aside or anything now. Next stage enforcement.

[zas90]

I've asked for a judgement to be entered against the Defendant, he failed to submit a defence as per the order (again). Hopefully the case is resolved within the next week or two.*

[jaguarsuk]

He owns his own home (I did a Land Registry search prior to issuing my claim to be sure his address was correct), he also owns several cars on his street (they won't be registered though as he uses trade plates, although receipts would prove he owns them). I have his banking account number and sort code, so I do have several options for enforcement, I'll see whether he actually complies with the order, and whether the judge affords him another opportunity.

They will probably issue one unless order and if he doesn't comply re-enter judgement, at which point his options are pay up or you'll enforce.

[Anna1972]

I have a proof my builder lied to the court but I do not have high hopes that their set aside will be dismissed.

Most likely I will end up going to court hearing. And i suggest you go there too.*

[zas90]

He owns his own home (I did a Land Registry search prior to issuing my claim to be sure his address was correct), he also owns several cars on his street (they won't be registered though as he uses trade plates, although receipts would prove he owns them). I have his banking account number and sort code, so I do have several options for enforcement, I'll see whether he actually complies with the order, and whether the judge affords him another opportunity.*

[jaguarsuk]

Hi, I'm in the same boat. You could still pursue the money and attach an order to his account.
Do not despair!

There are many routes to enforcement against an individual, but it's a little trickier with sole traders.

Hopefully he owns his home.

[Anna1972]

Hi, I'm in the same boat. You could still pursue the money and attach an order to his account.
Do not despair!
*

[zas90]

A week to go, I can't see him complying, although he might chuck in a last minute defence. I've contacted the court again to enquire with regards to my expenses award, as I've not heard anything about that. The order I received just mentioned that he had until the 14th January to serve a defence, otherwise the claimant will be entitled to apply for judgement.*

The way I see it, even if I'm successful, the chances of ever receiving my money are slim, which is fine, I'll write it off as a loss and put it down to a bad experience. Live and learn.*

[jaguarsuk]

I hope you're all doing well and had a great Christmas.

The defendant failed to pay my expenses and submit a defence to the court. In line with higher court judgements regarding non compliance with both CPR and court orders and the Overriding Objective, my request for a summary judgment should have been successful, but guess what, the judge has decided to give him more concessions and afford him until the 14th January to file a defence, even though he's ignored everything.

Is there a body I can complain to about the judges conduct within these proceedings, I find it very strange how he is allowed to ignore court orders now and be given more concessions. I really think something isn't quite right.

Many thanks.

That's pretty standard, they'll usually issue an 'unless' order and it's unlikely he'll comply with that either.

[zas90]

I hope you're all doing well and had a great Christmas.*

The defendant failed to pay my expenses and submit a defence to the court. In line with higher court judgements regarding non compliance with both CPR and court orders and the Overriding Objective, my request for a summary judgment should have been successful, but guess what, the judge has decided to give him more concessions and afford him until the 14th January to file a defence, even though he's ignored everything.*

Is there a body I can complain to about the judges conduct within these proceedings, I find it very strange how he is allowed to ignore court orders now and be given more concessions. I really think something isn't quite right.*

Many thanks.

[zas90]

It's absolutely horrendous, it was bad enough he was allowed a set aside when he acknowledged he knew about the CCJ and waited 28 days to issue the set aside, his solicitor relied on unsigned documents and an unsigned witness statement, not to mention he acknowledged the claim, but to now fail to comply with a judges order just shows nothing but contempt for the whole process, not to mention the fact the judge is quite happy to allow him to conduct himself in this manner.

I honestly cannot believe how incompetent the "county court" system is, never in a million years would I of thought this is how cases are conducted, with little regard for CPR compliance, the overriding objective, deadlines and compliance with orders.

I feel sorry for anyone just starting this process. What a farce.

[MIKE770]

you are learning what a shambles the county so called court is like = a rule for one and different rule for the man in the street