notice to set aside

[Linz]

Yes sorry 2 pipes! I fished the ones he cut out of a skip as evidence, not sure why I think I’ve seen too much CSI!

[charitynjw]

Yes sorry 2 pipes! I fished the ones he cut out of a skip as evidence, not sure why I think I’ve seen too much CSI!

The big question being.....was it working ok before he touched it?

[jaguarsuk]

Thank you for responding!

I filed a claim online and the defendant responded, he refused mediation and denied all of the claim. His response was that he did not know wether the heating he was working on was functioning when he started the work. There were also some points made about me personally which were not relevant or true!

This is the only time he has had any contact with me since I issued the claim.

The defendant then failed to send in his directions questionnaire even after a sanction. I filed for a judgement by default which was granted. I then escalated it to the high court and the HCEO attended.

He has still not filed directions but applied for a notice to set aside after the HCEO informed him of their imminent enforcement.

I think he may be representing himself, and he is as bad at law as he is at building.

I still do not have any documents from court.

Many Thanks

Linz

It's very unlikely he'll get a set aside given he's engaged in the process already and would have to have a pretty compelling reason for not filing directions.

[Linz]

Hi Beagles, I have received this from the debt collection agency today, GoodAfternoon,

Please find a copy of the agents report below: GOOD AFTERNOON, WE HAVE RECEIVED PAPERWORK FROM THE DEBTOR WITH EVIDENCE THAT THERE IS A STAY ON THIS CASE. WE WILL NOW PASS THIS TO OUR LEGAL DEPARTMENT WHO WILL CONTACT YOU AND PROVIDE YOU WITH FURTHER ASSISTANCE. ENFORCEMENT WILL NOW BE PLACED ON HOLD PENDING THE HEARING OUTCOME. KIND REGARDS HANNAH MURPHY so it looks like I’m going to a set aside hearing, I haven’t had any paperwork through yet though. He has filed an N244 form so am I right in thinking that if he wins the hearing we will be back to directions stage of the claim and I will then have to go to a small claims hearing? Is there any advice you can give as to how I can win at the set aside hearing so I don’t have to start all over again! Do you think it would be a good idea to employ a solicitor at this point? Many Thanks Lindsay

[jaguarsuk]

Hi Beagles,

I have received this from the debt collection agency today,




GoodAfternoon,

lease find a copy of the agents report below:

GOOD AFTERNOON, WE HAVE RECEIVED PAPERWORK FROM THE DEBTOR WITH EVIDENCE THAT THERE IS A STAY ON THIS CASE. WE WILL NOW PASS THIS TO OUR LEGAL DEPARTMENT WHO WILL CONTACT YOU AND PROVIDE YOU WITH FURTHER ASSISTANCE. ENFORCEMENT WILL NOW BE PLACED ON HOLD PENDING THE HEARING OUTCOME. KIND REGARDS HANNAH MURPHY


so it looks like I’m going to a set aside hearing, I haven’t had any paperwork through yet though. He has filed an N244 form so am I right in thinking that if he wins the hearing we will be back to directions stage of the claim and I will then have to go to a small claims hearing?

Is there any advice you can give as to how I can win at the set aside hearing so I don’t have to start all over again!

Do you think it would be a good idea to employ a solicitor at this point?

Many Thanks

Lindsay[/TD]

Contact the court because he is supposed to serve you and until you get the paper work to post copies on here there's not really advice that can be given.

If successful in setting the judgement aside the court will probably order him to file directions and then set a hearing date yes.

[Linz]

Hi Beagles,

So I’ve just been served with this by the defendant, is it any help? I am no clearer as to what is going on other than having a date a time and a place when something is happening.

[Linz]

Hi Beagles, sorry just thought of something else does he have to tell me his reasons for setting aside before this goes to a hearing so I have got time to dispute them or do I have to come up with my argument on the spot at the hearing?

[ploddertom]

He should have filed a copy with you as well so you can decide whether to challenge it or not. Could be best to ring the Court and ask for a copy. If his Set Aside is successful then the case goes back to the beginning as if it has just been served, this could be at a further Hearing or the Judge may decide to rule on it immediately. Unable to make further comment until such time as you see what his grounds for the application are.

[Linz]

Thank you Ploddertom I have requested the N244 from the defendant and the court.

Sorry just a further question, is the judge mentioned on the form the one who will be In charge of the hearing?

Thankyou

[ploddertom]

Not necessarily. He just happened to be who heard the application.

[Linz]

Hi Beagles,

I have just received a copy of the N244 form court.

Question 3. What order are you asking the court to make and why?

‘I am asking for the writ to be stayed and the judgement set aside as he did not receive a court date to defend myself.’

he has ticked the box asking that the application be dealt with without a hearing

he is relying on the attached witness statement in support of his application.

’The first I heared about the CCJ against me was from a visit from a enforcement officer wanting to take control of my possesions, the last time I have heared regarding the case against me was when I replied to a request when I would be available in the next 6 weeks for a hearing’

Grammatical errors not mine

I am pretty much 100% convinced now that this is a delay so he can move his assets, as obviously there is no valid reason for a set aside in what he has said. I presume I cannot contest the hearing and will be stuck in limbo for 3 weeks by which time this guy will have nothing worth seizing?

[Linz]

I have managed to scan original docs many thanks in advance

[ploddertom]

Did he make any reference to your claim before this or before the Enforcement Agent attended?

He only makes reference to not having received notification of a Court date. There is no mention of whether he admits or denies the Claim or offer of payment. On what he has provided he may struggle.

I wonder if he has been following this thread?

[jaguarsuk]

It appears that what he is saying is he returned his N180 to the court and expected to be informed of a hearing date. That might be believable had he served you with it.

If he pleads that he returned it to the court then it’s likely the court will set it aside and set directions for a hearing.

You have to argue that it should not be set aside because you believe firstly he did not send in the N180 at all and that pursuant to CPR 24.2(a)(ii) the defendant has no real prospect of successfully defending the claim.

[charitynjw]

You could also refer the court to 'Denton delay'.
See https://www.google.com/search?client...n+delay+uk+law