Setting aside a judgememt

[Sarahjp40]

I put in a small claim against a builder which was made up of three separate amounts - two were for definite invoiceable amounts relating to replacement of damaged items and one related to my loss of earnings for a day I took off to sort it all out so could be considered less "cut an dried" (even though it's a fair amount). He received a CCJ by default as he didn't respond or defend the claim but then made a separate application to set the judgement aside within a couple of weeks of it being issued.

 

My questions are -

- Do I have to do anything or will the court contact me so I have the opportunity to put an objection into his application?

- Will I even get to see the grounds on which he has made the application so I can counter it? I would like to be able to submit a payslip, for example, proving my daily charge was fair.

 

I feel that the time for disputing any part of the claim was during 14 day period he was given to respond initially. Everything was done properly from my side so it just looks like a back door way of delaying me enforcing the judgement!

[ims21]

Hi and welcome to CAG.

 

I have moved your thread to the legal forum where the guys will be happy to help as soon as they are available.

[Sarahjp40]

... one more thing guys...

 

Does the judgement stand (ie recorded on credit files etc) while the "set aside process" is progressing or is it effectively put on hold until the outcome of the set aside is decided?

 

Thank you!

[BRIGADIER2JCS]

If there was a judgement it will appear on the ''public information'' section of credit files of 6 years if it's not set aside.

You will be informed by the court of the application.

[Sarahjp40]

Thank you Brigadier2JCS, what about in the meantime though? I understand it can take a while for a set aside hearing to be scheduled - does the CCJ show up on the credit files in the meantime? Also, will I be able to put a case in against the set aside? I do feel this is important as I am confident I can counter any argument the defendant may try to put forward.

 

Many thanks.

[BRIGADIER2JCS]

Q1 Yes

Q2Yes

[Sarahjp40]

Excellent, thank you very much for your help.

[Sarahjp40]

Since my last post the defendant has told the court he has changed address to where the claim was sent although I know it was right when it was issued. I have just looked online at requesting a warrant anyway because the time I gave him to pay is up but it says the court issues this to the address on the claim. Is there anything I can now or do I have to just sit tight now until the court officially writes to me about the set aside? Certainly some game playing/delay tactics going on here although not helpful for him and his business if the CCJ is outstanding in the meantime I'd have thought?

[AndyOrch]

" but then made a separate application to set the judgement aside within a couple of weeks of it being issued. "

 

How was this brought to your attention Sarah ....you should have received a copy of their application and evidence in support....if not get a copy now.

 

No point trying to issue enforcement until the matter of set a side is decided.Judging from your last post looks like their application is based on wrong address...you can refute that as last known address is accepted as good service.

 

Regards

 

Andy