Contesting an application to set aside a Judgement

[pastie321]

I brought a MCOL action against an organisation and their solicitor submitted a full Defence but sent it to the wrong email address for MCOL.

As this effectively meant no defence was filed, I applied for and was granted a CCJ by default.

The defendant has now been informed and has re-submitted their defence - to the same incorrect email address - and submitted an N244, supporting witness statement and draft Order for this to be Set Aside.

I wish to contest this - the organisation have a full-time legal team so have no excuses for making this serious breach of CPR. They have also said in their N244 that this was due to an administrative error by MCOL, which is incorrect - all due to their incompetence.

In order to dispute this application to set aside, do I just need to submit an N244 with supporting witness statement?

[atticus]

No need for n244. You submit a statement giving your reasons for opposing. Include any comments on the defendant's statement in support of its application.

Read the CPR rules and Practice Directions on setting judgements aside so that you have those rules in mind when dealing with this.

[Pezza54]

Am I missing something? If the solicitor has sent the defence, N244 etc to the same incorrect email address, doesn't that mean the court will not receive them? The ccj will stand and after 1 month will remain on the register for 6 years.

[pastie321]

No need for n244. You submit a statement giving your reasons for opposing. Include any comments on the defendant's statement in support of its application.

Read the CPR rules and Practice Directions on setting judgements aside so that you have those rules in mind when dealing with this.

Thank you for your advice, I will submit my witness statement in opposition.

[pastie321]

Am I missing something? If the solicitor has sent the defence, N244 etc to the same incorrect email address, doesn't that mean the court will not receive them? The ccj will stand and after 1 month will remain on the register for 6 years.

The Defendant CC'd me on their second attempt at filing their defence via email, in which they also mentioned they would be sending a hard copy via post.

Now whether this is sent to the correct address is another matter, but forewarned is forearmed.

[pastie321]

Further to my earlier posts, it now appears that the Defendant has incorrectly filed their application for the Judgement to be Set Aside - I've spoken with HMCTS several times over the past few weeks and they have no record of this being filed.

I am now looking to pursue enforcement of the CCJ through a High Court enforcement officer, which will incur additional fees that are in theory recoverable from the Defendant.

Are there any implications that I need to consider as a) the defence was filed incorrectly and b) an application for the CCJ to be set aside was also made incorrectly? e.g. will the High Court look at these circumstances should the defendant respond to any enforcement action, or will they likely say 'tough defendant, you haven't complied with the Civil Procedure Rules?

I've waited 4 weeks for the Set Aside application to make it through the courts system, allowing ample time from my perspective, therefore the defendants incompetence surely can't be a defence against further action being taken on my part?

[atticus]

please ignore the spammer

[pastie321]

Further to my earlier posts, it now appears that the Defendant has incorrectly filed their application for the Judgement to be Set Aside - I've spoken with HMCTS several times over the past few weeks and they have no record of this being filed.

I am now looking to pursue enforcement of the CCJ through a High Court enforcement officer, which will incur additional fees that are in theory recoverable from the Defendant.

Are there any implications that I need to consider as a) the defence was filed incorrectly and b) an application for the CCJ to be set aside was also made incorrectly? e.g. will the High Court look at these circumstances should the defendant respond to any enforcement action, or will they likely say 'tough defendant, you haven't complied with the Civil Procedure Rules?

I've waited 4 weeks for the Set Aside application to make it through the courts system, allowing ample time from my perspective, therefore the defendants incompetence surely can't be a defence against further action being taken on my part?

A follow-up question regarding the use of the N450 form by the County Court - I have found reference to this being used as a means of informing all parties in a case that a Defence has been received by the court (PERRY v. KANG HO WONG; GARY SAMPSON and DAVID MOON and JOHN WILLIAM JONES and ROE SHOPFITTING LIMITED [1996] EWCA Civ 1031):

On the day following the receipt of the defence in the court office Form N450 was sent to the parties, recording that the defence had been received

Is the serving of N450 in response to a defence being received standard practice within the County Courts?