Hello my name is ***** ***** I will help you with this.
What is the nature of the application to set aside please?
Ok - what is the basis that he is applying to set aside?
Ok - ignore the letters
If you dispute the application to set aside you should file a statement (also to be sent to D) saying why
This needs to be done before the hearing
But you don't have to pay costs of the other side
They should also file a draft defence with the application and their statement, so you can see what their defence is
The test is simple - is there is a realistic defence.
So any form of defence no matter how weak is capable of having it set aside
Bear in mind this is not the trial, just to probe to see if any real defence exists.
But even with an application to set aside you wont normally to have to pay costs
Its the Defendants fault he did not reply
So ignore the letter but file a statement saying why you oppose it
Can I clarify anything for you about this today please?
And you should bring this to the attention of the Judge too
This goes towards the issue of their conduct
Only the Court can award costs, no one else
Does that help?
Can I clarify anything else?
OK - ignore it
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I would yes.
Otherwise you can't rely on it at Court
Does that clarify?