CCJ Obtained - Application to set aside judgement

[Cpt Morgan]

Hello,

I was wondering if anyone could advise please.

17 months ago, I obtained a CCJ against a builder, and to date the defendant has made no attempt to pay me, so I am now pursuing him via an SD2

During the initial case he exhausted the appeals process, and I was advised by the courts that he had no further avenue for any appeals.

Now (17 months later) because it would seem he doesn't like the fact that I am following enforcement action, he has submitted an N244 application to set aside the judgement given that gave rise to the CCJ.

Is this even allowed, given the appeals process was exhausted, with the final appeals hearing taking place face to face, which he lost, and given it is now over 17 months since the CCJ was issued. Surely any further avenues if indeed there are any, must have been addressed "promptly"? Also this gentleman is also now requesting that my SD2 is set aside, and despite stating he was appealing the initial judgement within that application, has provided no evidence to support, so has only made this application (to set aside the initial judgement) retrospectively.

Any help or advise would be much appreciated, as it seems there is no end to this case, which was resolved (I thought) over 17 months ago, and if indeed we were to end up back at square one, all associated documentation (court bundles) has now been destroyed.

[atticus]

yes, a defendant is allowed to make this application. Whether the court will grant it is another matter. I guess that he is doing this as you have served a statutory demand.

Make sure that you collate full information to show how you reply to the grounds of the application, and particularly to show how long/how many times this defendant has known of the judgement.

[Cpt Morgan]

yes, a defendant is allowed to make this application. Whether the court will grant it is another matter. I guess that he is doing this as you have served a statutory demand.

Make sure that you collate full information to show how you reply to the grounds of the application, and particularly to show how long/how many times this defendant has known of the judgement.

Many thanks. The defendant has known about the CCJ for 17 months, and has made references in subsequent emails over the last 17 months to deny that he owes me any money and that he has no intention of paying me. I had made a charging or which was granted on a interim basis, but that was stopped as I could not attend the court due to a chronic migraine, and was unable to inform them in time so the final charging order application was dismissed which was a shame.

Within his application to set aside the CCJ he is even referring to matters which have happened subsequently, i.e. the SD2 etc, and he exhausted the appeals process and a subsequent order was made at a hearing when the CCJ was granted, and the courts advised that he had no further grounds for an appeal.

I must admit there seems to be no end to ways in which someone can continue to stall, despite CPRs stating for example that you must raise an N244 within 14 days is you which to set aside judgement. This was 17 months ago, it's bewildering!

[atticus]

I am sure that you will be bringing all that to the attention of the court.

[Cpt Morgan]

Further to my initial post the defendant lost his application to set aside my Statutory Demand and the judge stated during the hearing that the defendant had no further options to legally challenge the judgement not only because the appeals process has been exhausted but also because the defendants further application to now challenge the initial judgement was ‘out of time’. The judge stated I could immediately pursue bankruptcy which I intend to do.

Given the discussed N244 application to set aside the initial judgement has only just been submitted and given the judges comments during the failed application hearing to set aside my SD2, will or should the court dismiss the application to set aside the original hearing without it even making court?

the basis being;

the defendant lost the initial hearing
then he lost his first appeal
then he lost his second and final face to face appeal
then he failed to pay any money re the CCJ and stated in emails he had no intention of paying
then he lost his set aside application re my SD2
his application to set aside the initial judgement is ‘out of time’ being 18 months after the event
the judge stated that aside from being out of date, there was no legal basis for the application

thanks