Consent to set aside judgement

[ukbm61]

I recently submitted a claim via Money Claim online against two joint defendants. Neither responded to the issue of proceedings, so judgement was entered against both. Both defendants claim not to have received the court documents but both seem to have had no problem receiving the Notice of Judgement. One of the defendants has passed the matter to their lawyers and I have now received a letter from the lawyers asking for my consent to set aside the judgement.
can anyone help with advice on whether consent should be given or not? What are the advantages or disadvantages in so doing?
thanks

[Pezza54]

Main disadvantage of not agreeing to consent: the defendant's lawyer makes an application to set aside judgement without consent. You contest the application and the court decides a hearing is necessary. You lose at the hearing and the judge awards costs to the defendant including the application fee which is over £300. Your claim has yet to be allocated to a track
Agreeing to consent means that your claim is likely to go ahead and the long process starts of directions questionnaire, reply to defence, mediation, witness statements, trial.

[echat11]

In your Witness Statement you can state 'that both Defendants state that they did not receive Court documents (issue of proceedings), but both received the 'Notice of Judgement'.

Obviously in your own words as it's a 'Witness Statement'.

[pc52straw]

Are they simply saying they didn't get the claim form? Or are they arguing something more eg wrong address? How did they get notification of the default judgement - from you, or directly from the court?

I know of a case where the claimant has had it confirmed the n1 they sent to CNBC contained the wrong address for service - an empty property that's totally unconnected to the defendant.

It doesn't matter if that error was the claimant's fault or CNBC's fault. The error denied the defendant their right to read and respond to the claim. That's a scenario where the claimant shouldn't oppose a set aside despite even the court being able to see irrefutable proof of an error.

[echat11]

Are they simply saying they didn't get the claim form? Or are they arguing something more eg wrong address? How did they get notification of the default judgement - from you, or directly from the court?

I know of a case where the claimant has had it confirmed the n1 they sent to CNBC contained the wrong address for service - an empty property that's totally unconnected to the defendant.

It doesn't matter if that error was the claimant's fault or CNBC's fault. The error denied the defendant their right to read and respond to the claim. That's a scenario where the claimant shouldn't oppose a set aside despite even the court being able to see irrefutable proof of an error.

It sounds like all the documents were sent from the same source, the claim was made via MoneyClaim.

Some documents 'supposedly' not received, whilst others were.

[Cleansweep]

I recently submitted a claim via Money Claim online against two joint defendants. Neither responded to the issue of proceedings, so judgement was entered against both. Both defendants claim not to have received the court documents but both seem to have had no problem receiving the Notice of Judgement. One of the defendants has passed the matter to their lawyers and I have now received a letter from the lawyers asking for my consent to set aside the judgement.
can anyone help with advice on whether consent should be given or not? What are the advantages or disadvantages in so doing?
thanks

Current experience (extensive) suggests following: DO NOT CONSENT TO LAWYERS REQUEST - As Judgement was entered against both by the Court it is for the Lawyer to direct this request to the Court itself detailing lack of response in the first instance so as NOT TO DIMINISH YOUR ORIGINAL CLAIM! hope this is useful/Good Luck!

[atticus]

It might first be worth considering any reasons given by the defendant's lawyers, just in case.