Hello, welcome to the website. My name isXXXXX can assist you with this.
On what grounds are you setting aside the judgment in default?
The claimant has seen my witness statement I was going to submit to the court and has agreed to sign a consent order which i now have
Okay. Then really, you need to do this via an application notice (Form N244), but ask for the Court to deal with it without notice in the application notice. You need to pay a fee of £45 via cheque made payable to HMCTS.
You send that to the court that registered judgment against you.
The application notice needs to ask for the judgment to be set aside and explain the reason for you both agreeing to set the judgment aside. You can get the form here: http://www.justice.gov.uk/courts/procedure-rules/civil/forms
Then you attach your consent order to the form.
my solicitor said i need to just send it with a covering letter, I thought quicker to do it myself, now its sounding more complicated
Long gone are the days of the Courts being willing to deal with letters I'm afraid.
They take every opportunity to take a fee from you!
And they can only do that if you make an application.
We used to send covering letters all the time with things like this, but these days, they don't get through (in my experience!).
i knew about the fee, I didn't know I had to submit a form
Yes, I'm afraid you do.
I dont have to send the witness statement I assume?
It's the proper way to make an application, but it amounts to the same thing in some ways as sending a letter because you're asking the court to deal with it without a hearing anyway.
You can fill in the back of the N244, you don't need to do a witness statement.
what does it mean, "to deal with it without notice"
It means the Court will not serve the papers on the other side (since they agree anyway) and will deal with it without a hearing.
It's just like writing a letter - only, it triggers the requirement to pay the fee.
Which you knew about at £45.
I see. How long does the setting aside process take from when they get the application?
Depends on your court, but usually, probably about 2-3 weeks max.
okay and final question, I assume I must post this, I cannot do it electronically
You cannot post it as the fee is required. The Rules say you cannot take any step in proceedings electronically which requires payment of a fee.
If it is urgent, you can ask for it to be expedited, and say this in your application notice.
I dont quite understand, I cannot post it with the cheque?
You can post it yes. You just can't file it electronically.
In fact, you must post it.
ok fine I will post it, I was a little confused because you wrote, "you cannot post it as a fee is required" earlier.
Sorry, my fingers are going too fast for my brain.
Well that's great, I will ask for it to be expedited. What I have been worried about is the solicitor sitting on it and it not going out for days.
Ah, I see. .... well, in that case, you're right, the best thing is to do it yourself if you've got a slow solicitor!
It's not difficult to do, so this type of thing you could do yourself without worrying too much.
She works fast but I will know for sure it's gone if i do it myself.
Thanks for all the advice, Hopefully I should be fine now.
Thank you for your question. I hope you have a great weekend. If you do need any further information, just let me know, anytime.