Court Date to Set CCJ Aside

[Kells Bells]

Hi

I am a claimant and have a court date of 5 March regarding setting aside the CCJ (over 10K), the defendant is a builder. Long story short, his solicitor emailed his defence to the wrong email address (although in time) and I was granted default CCJ. Nothing was brought to light until the CCJ ended up on the defendant's doormat, which was when they realised they'd made an error!

What would I need to present to the court for this? I assume the judge will not want all the claim information? Is it purely to review what went wrong with the defence?

Thank you for reading

[ploddertom]

Have you had sight of the Defence and also the reasons they are applying for Set Aside? If no then you have nothing to do, if yes then you can respond to their reasons & why you think they are wrong and do you owe you what is wrong.

I assume because of the value it is in Fast Track, just be sure of your facts as you could possibly attract costs.

[Kells Bells]

Thank you Plodderton

In reference to the defence, the defendant denied the claim in its entirety because is was against the wrong party and said they would apply to have the claim struck out because I claimed against the builder personally not his company. The work was done privately, not through his company. I heard no more from them so proceeded with the claim until I was granted a CCJ by default.


On their N244 application notice, 'What information will you be relying on, in support of your application', they have ticked 'the attached witness statement.' This is a statement by the solicitor with various copies of emails explaining that the defence was filed on time but incorrectly.

I spoke to the court and they said the hearing is only regarding the CCJ.

My assumption was the defendant getting the CCJ set aside at the court hearing, or do I need to provide evidence of why I am claiming against him personally?

[ploddertom]

Is this going to an actual physical Hearing or a telephone Hearing? There is the possibility that the Set Aside could be heard first and the Hearing for the CCJ could run straight after. For me the problem is your Defendant admitting to submitting on time but incorrectly, that was not yours or the Courts fault & therefore their application should fail and your Judgment should stand.

[Kells Bells]

Its a half hour telephone hearing.

[Kells Bells]

Just to add, they applied using N244 to stay the writ and set the CCJ aside.

On the 'General Form of Judgement or Order from the court', it states:

IT IS ORDERED THAT

The writ be stayed

The application be listed for on notice to all parties for hearing .........

[ploddertom]

You had sought enforcement then? Did you get anyone to attend?

[Kells Bells]

Nobody attended. On receipt of notice of enforcement, the solicitors emailed them with proof of application to set aside. The enforcement company emailed me to say that they have put the case on hold pending the outcome.

[ploddertom]

This is usual - Stays & Set Aside are nearly always granted at an Interim Hearing pending a fuller Hearing at a later date. If they do fail then Enforcement can continue immediately.

[Kells Bells]

Thanks Ploddertom

So do you think the hearing is just for the defence to set the CCJ aside. The builder did offer a settlement figure but we have not come to am agreement and are continuing to court.

[ploddertom]

It could be but as said previously it could go on to hear their full defence. You mention a settlement - is there anything about this in your Claim? Are you very far apart with your figures as it could that it may be suitable for Mediation.

Best advice prior to the hearing is familiarise yourself with everything you have and only speak when spoken to, in particular do not interrupt the Judge when he/she is talking and be polite.

[Kells Bells]

Thank you for your advice. We are not a million miles apart. I counteroffered and have reduced it since but he is not budging at 2.5k. We have emailed without prejudice between us.

In my initial claim, I asked for a full refund. His work was substandard, incomplete, unsafe and a lot needed to be redone.

The order from the court does state, 'Parties shall email to the court proposed directions to be agreed if possible, not later than 2 clear working days before the listed hearing.' Should I suggest mediate?

[ploddertom]

I would imagine that if he fails to budge on his offer to you then all mediation is going to do is extend the time it will take to get this to a Hearing. Do you have proof of all the substandard work etc? Preferably in photographic form and backed up by an independent expert?

[Kells Bells]

He built a conservatory for me. I have plenty of photographs of his work. The roof started fall down literally within a week. It wasn't secure, some parts even ended up in my neighbours garden, twice!

He walked off the job when I refused to give him anymore money (he'd already had twice his estimate).

I only have the statement of the new company that finished the job.

[ploddertom]

Did you include copies of any of this with your claim?