The Defendant has applied for the judgement to be set aside.

[coulsonp]

Hello
I require some advice on my small claims court case.
I have applied to claim 3k through money claim online, and list the following steps from the online account.

The claimant has applied for the case to be set aside, I need to know what action do I have to take, and can I contact the court to dispute this application?
Also why has the case been transferred to my local court?

Claim HistoryYou submitted a claim on 17/10/2016 at 16:45:22


Your claim was issued on 18/10/2016


You submitted a judgment against claimant on 08/11/2016 at 15:41:45


Your judgment against claimant was issued on 09/11/2016 at 19:22:57


You submitted warrant XXXXXXX against claimant on 09/11/2016 at 21:24:18


Your warrant XXXXXXX against claimant was issued on 10/11/2016 at 19:30:57


claimant notified the court of a change of address on 16/11/2016


An application to set aside (remove) judgment against claimant was submitted to the court on 16/11/2016


The bar in place for claimant was removed on 16/11/2016


Your claim was transferred to NORTH SHIELDS on 16/11/2016


A bar was put in place for claimant on 16/11/2016


Thank you in advance.

[charitynjw]

Re: The Defendant has applied for the judgement to be set aside.

Hi coulsonp & welcome to LB

Was your claim issued against a firm? (ie not an individual).
Was the defendant's address a current address at the time the claim was issued?
It would appear that the judgment was by default; could you confirm?

[coulsonp]

Re: The Defendant has applied for the judgement to be set aside.

Hello
Thanks for your response.

Yes the claim was made by me against a firm, and the address given is the firms address (auto sales garage).

They did not respond to the claim, therefore made by default.
they have claimed in there application to set a side that the claim letter had not been received until November 10th, albeit they are of the judgement issued on the 9th!

[charitynjw]

Re: The Defendant has applied for the judgement to be set aside.

Presumably they are claiming that the claim was served on the wrong address & have applied for the set-aside on that basis?

[coulsonp]

Re: The Defendant has applied for the judgement to be set aside.

Can I contest the application for set aside?

Do I need to do anything?

I am confused why is has transferred to my local court instead of the one near the defendant.

[charitynjw]

Re: The Defendant has applied for the judgement to be set aside.

Defective service of the claim (ie wrong address) is only one of the reasons why a default judgment must or may be set aside.
It would appear that the defendant has reasonably promptly applied for the set aside, & may have shown the court that there is a reasonable prospect of defending the claim.
However, this is speculation; a quick call to court might clarify matters.
I would imagine that it has been allocated to your local court because you are an individual issuing a claim against a firm.