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.
How Application to have a defence set aside?
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Originally posted by BustersMum View PostHi 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.
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 overcomeI 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.
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Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
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Directions Questionnaire
Statute Barred Letter
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