CCJ Defendant Apply to Set Aside

[james141]

Hi Everyone,

 

I am after a quick bit of help.

 

I won a CCJ against a company that owes me money for unpaid invoices. I won the case in default because they did not respond.

 

I have found out they are applying to have it set aside on the grounds they did not receive the forms which is a blatant lie.

 

I am a bit confused because they have selected the "without a hearing" option. Obviously I want to object to this at a hearing because I have evidence they did receive the forms.

 

I worry that their application will be granted without chance for me to dispute it. Is there anything I can do? can I send some information/forms to the court?

 

Many thanks!

[james141]

I have just checked the N244 guidance notes and it appears you should not apply for it without a hearing unless the other parties agree?

[Ganymede]

What proof do you have that the Defendant was validly served with the Claim Form etc?

[james141]

I have:

 

1.) a recent invoice form them with that address

2.) in the N244 bundle they submitted a letter with that address on as evidence dated 4 months after they claimed it was not received

3.) An email from them stating a change of address 3 months after

4.) possibly some other bits and pieces along the same lines

[Ganymede]

None of that is really proof the Defendant wasn't served I'm afraid.