Help for the Creditor in the CCJ set aside application

[grand]

Hi
Appreciate the response.
I used an address from one of their correspondences.
And the laptop story does sound fishy to say the least.
So essentially they should not be able to convince the courts with that excuse.
My next question is what happens next. Will a new date be sent by the court for the hearing?
Can I respond now with the proof that they responded? Hence no defence that they could not defend. Can I use email for that? Or court forms?
Or do we wait for the court hearing?
Thanks

[grand]

Oh..and they did not at any time notify us of the change of address.

[grand]

Just to add some more info.
We received judgement in our favour on the 17th of March 2020.

Then we received a Notice of Transfer of Proceedings on the 18th of March 2020. The Notice proceeded to say:

"To all Parties, This claim has been transferred to the County Court at Medway for that court to hear the defendant's application for the Judgement to be set aside.
That court will send you and other parties notice of time, date and place of hearing".

This is the reason we assume that they responded to the judgement in March and not as he says on the 20th of October.

Hoping to hear back
Regards

[ploddertom]

In a lot of cases like yours Set Aside is granted as an interim pending a fuller Hearing where matters can be looked at a lot closer. The application to my mind is quite poor as he argues they did not receive it but then admits someone else answered it. There is nothing there that says he is going to defend the action or on what grounds, and to admit the failure of the hard drive with no back up is a cardinal sin. Wouldn't be surprised if the Judge sends him running with the tail between his legs.

[grand]

Thanks for that.

I am sorry but I have more questions.
Following the original set aside application a Notice of Case Management Conference was scheduled for the 3rd of November. The hearing was earmarked for 15 minutes.

Is this hearing now superseded due to this current application by the defendant? I have not heard anything from the court.

Let me add some of his defence which was a couple of pages down. This is first page. Signed App and Def4.pdf
The rest of the pages deal with details of the accident and the rights and wrongs of it all.

So far as I can see and reading your responses, it appears he will a hard time convincing the court that he did not know about the claim.

It is the next procedural steps that I should be taking. That is what I am not clear about. Should I contact the county court or wait for them?

Regards