Help please! Can I still get Judgment set aside?

[Lighthouse]

Arrow Global got judgement on 13/09, I had done acknowledgement of service and that I intended to defend on MCOL.
I then did request CPR 31:14 but never got a response. I missed the deadline due to numerous stressors in my life at the moment and when Judgment came in post I attempted to get it set aside online but as I need help with fees I can’t do it on MCOL. I got reference number for help with court costs on 3rd October but not sure if N244 is correct form? I fear it’s too late but is there anything I can do now? TIA

[jaguarsuk]

Re: Help please! Can I still get Judgment set aside?

I think you can apply for a set aside whenever you like as I have seen people on here years after the judgement being advised to do just that.

However, you have to show that your defence has reasonable grounds for success I believe and therefore you will need submit a draft defence with your application.

If you are able to get fee remission maybe you will also be able to get legal aid, so perhaps check that out before doing things yourself?

Other than that [MENTION=87380]Diana M[/MENTION] or [MENTION=98117]warwick65[/MENTION] might be able to assist you further.

[pt2537]

Re: Help please! Can I still get Judgment set aside?

I think you can apply for a set aside whenever you like as I have seen people on here years after the judgement being advised to do just that.

However, you have to show that your defence has reasonable grounds for success I believe and therefore you will need submit a draft defence with your application.

If you are able to get fee remission maybe you will also be able to get legal aid, so perhaps check that out before doing things yourself?

Other than that @Diana M or @warwick65 might be able to assist you further.

Legal aid is unlikely to be available, the governments restrictions on legal aid are so severe that consumer claims of this type fall out of the scope.

To set aside the Judgment, id suggest firstly inviting the Claimant to do so by consent, i say this because if they refuse unreasonably and you have to attend a hearing then you can at least ask the Court to take note of the Claimants conduct.

If they wont consent then of course you could raise with the Court the question that you had requested information and the Claimant had failed to provide this, and thus you were struggling to prepare a Defence

you could also raise the fact that the new debt protocol requires a claimant to give you certain pieces of information and they have not done so todate. If you do have points for your Defence then you could raise those too.