Do CCJ instalments have to be paid whilst a set aside application is being considered

[Claireb5]

I just submitted my judgment set aside application (N244, draft order and witness statement) so that I can defend it. The auto reply email said this could take 4-6 weeks to be considered by the court and they will aim to respond in 10 days. My first CCJ instalment amount that they decided on, is due in around 3 weeks. Will there be a penalty if I don’t pay this whilst I’m waiting for the court?

[MIKE770]

play safe if not set aside by then., pay it but if set aside

charitynjw may be able to advise?

[charitynjw]

I just submitted my judgment set aside application (N244, draft order and witness statement) so that I can defend it. The auto reply email said this could take 4-6 weeks to be considered by the court and they will aim to respond in 10 days. My first CCJ instalment amount that they decided on, is due in around 3 weeks. Will there be a penalty if I don’t pay this whilst I’m waiting for the court?

I think we need to know a bit more.
What reason(s) are you using for the set aside?
Do you have a defence to the original claim?
Were you present for the hearing?
Was it a default judgment
Any payment is usually an admission of liability to some degree.
I did, however, see a recent case where the 'losing' party paid a default judgment in full, & subsequently made a successful application for a set aside.

[Claireb5]

Thank you both for the replies. See below:

What reason(s) are you using for the set aside? I was abroad when the claim form arrived from Cabot (Mortimer Clarke Solicitors (the claim form came 6 months after the letter before claim so I went away and thought I was safe). I thought they weren’t going to go ahead with a claim.
Do you have a defence to the original claim? Yes! I have written a draft order (which I didn’t understand too well but tried my best) along with the N244 form, I’ve asked that the judgment be set aside and that the claimant provide me with documents mentioned in the court claim within 7 days and to be allowed to submit my defence within 14 days.
Were you present for the hearing? No
Was it a default judgment Yes

[charitynjw]

Thank you both for the replies. See below:

What reason(s) are you using for the set aside? I was abroad when the claim form arrived from Cabot (Mortimer Clarke Solicitors (the claim form came 6 months after the letter before claim so I went away and thought I was safe). I thought they weren’t going to go ahead with a claim.
Do you have a defence to the original claim? Yes! I have written a draft order (which I didn’t understand too well but tried my best) along with the N244 form, I’ve asked that the judgment be set aside and that the claimant provide me with documents mentioned in the court claim within 7 days and to be allowed to submit my defence within 14 days.
Were you present for the hearing? No
Was it a default judgment Yes

Why did you agree to making payments?

[Claireb5]

Hi
I didn’t agree to making payments, it just says I must pay by instalments (£50 per month) on the judgment letter starting 23 March

[charitynjw]

Hi
I didn’t agree to making payments, it just says I must pay by instalments (£50 per month) on the judgment letter starting 23 March

If it were me I'd continue payments until the judgment is officially set aside.

[Claireb5]

Okay thanks I will make that first payment. If this takes a long time to set aside, I’m going to struggle to pay £50 a month whilst I wait defending the claim. Can I reduce it? Am I correct that it’s called to apply to “vary a judgement”? And form N245? Is this dealt with more quickly than setting aside? I’d like to do this in the mean time.

[charitynjw]

Okay thanks I will make that first payment. If this takes a long time to set aside, I’m going to struggle to pay £50 a month whilst I wait defending the claim. Can I reduce it? Am I correct that it’s called to apply to “vary a judgement”? And form N245? Is this dealt with more quickly than setting aside? I’d like to do this in the mean time.

Would this be of any use to you?

https://www.gov.uk/government/public...th-fees-ex160a