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How Application to have a defence set aside?

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  • How Application to have a defence set aside?

    Hi there, I am taking a Ltd company to small claims court. They filed an acknowledgment of service, but then didin't put in a defence in the required time so I've applied for a CCJ against them. Then they submitted a defence about 6 days late. *Under the circumstances can I apply to have their defence set aside and if so, how do I do it? Thank you.
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  • #2
    Originally posted by BustersMum View Post
    Hi there, I am taking a Ltd company to small claims court. They filed an acknowledgment of service, but then didin't put in a defence in the required time so I've applied for a CCJ against them. Then they submitted a defence about 6 days late. Under the circumstances can I apply to have their defence set aside and if so, how do I do it? Thank you.
    No sadly, if the Defence was filed before the Court processed the Judgment request then the Defence will be allowed.

    To strike out a defence you will need to show that the defence has no merit and no prospect of success, its a very high bar to overcome
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
    2 of 2 < >

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