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Consent order to set aside a Judgment & file defence


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Hoping for some advice please.

In summary -

A claim was made against me which, as well as all the preceding correspondence, was sent to an incorrect non-existent address, therefore I knew nothing of it. The claim etc was returned to the solicitor as address unknown but they still pressed ahead with a default Judgment. They presumably found my correct address in the end and subsequently communicated with me, making mention of the claim and subsequent default Judgment. I have been corresponding ever since in an attempt to put the matter to bed.

Having asked the claimant's solicitor to set aside the Judgment (for obvious reasons) I ended up having to submit an Application to the court myself, which has now been listed as a hearing for a forthcoming date. This has prompted the claimant's solicitor to send me a Consent Order to sign which agrees to set aside the Judgment ONLY if I file a defence soon thereafter.

Is this normal/acceptable practice?

Surely if the claim, sent to a non-existent address, which I have still never received, is set aside then the process should start again? And it is difficult to file a defence on somthing never received. On putting this to the solicitor they said that if I do not sign it then they will write to the court and say that they have tried to be reasonable and I have refused.

Any advice please? :|

Many thanks in advance.

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Hi Mec1

 

Strange ..its obvious that you would submit a defence if set a side.I cant see anything detremental in signing said Consent providing there are no other inclusions that you have not posted.

 

Regards

 

Andy

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HI Andy

Many thanks for your speedy response.

It's obvious? Really? Blimey, I'm really not with it then, as I assumed to set aside meant to vacate/nulify/cancel Judgment. The idea being that 'we' are in discussion at present about the matter in hand, which is likely to be resolved soon, so had their original correspondence reached me the claim etc would not have happened in the first place.

Although I appreciate that there are very few reasons to defend having a Judgment in the first place, in this case their correspondence, claim and Judgment was sent to a 'non-existant' address, not an old address for me, so it did rather seem a bit clear cut to me as far as my Application went, without the need to 'file a defence'.

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Once you make application to set a side (n244) there are various options open to the claimant:-

 

The norm is they re present the claim and it starts again...ie you defend.

They object to the set a side the Court can determine.

They accept the set a side and dont represent the claim.

 

You have perfect grounds to set a side irrespective of their request to sign a consent....but you will have to submit a defence with merit.Subject to which option the Claimant chooses from above.

 

Regards

 

Andy

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Many thanks for the clarity. I didn't want to 'sign my life away' and couldn't get my head around having to file a defence which I have technically already done via my correspondence with them. So I will sign and return their Consent Order then await the claim being sent to me. Presumably if they don't send me the claim then I can't file a defence!

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Many thanks for the clarity. I didn't want to 'sign my life away' and couldn't get my head around having to file a defence which I have technically already done via my correspondence with them. So I will sign and return their Consent Order then await the claim being sent to me. Presumably if they don't send me the claim then I can't file a defence!
True

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