Hi, thank you for your question. Yes, they are entitled to apply to set aside the judgment however it is usually difficult to do this and they need to provide firm evidence as to why they did not engage with the process, missed any hearings and if the court think they have a real chance of a successful defence to the claim.
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The court must set aside a default judgement if they:
The court must set aside the judgment in these circumstances, even if you do not have a defence.
The court may agree to set aside a default judgment even if they did not send in a reply form within the time limit if:
Therefore in your situation, despite them not engaging the only way that their application will progress is if the court thinks they have a good chance of a successful defence or any other good reason the judge may think.
Thank you - they will have to state their case in the application to set aside and the court will consider this. If they have any prospects to defend (it will likely be dependant on their terms and conditions) then the judgment may be set aside and in that case it will be listed for your original claim to continue and the matter will be relisted for hearing.
Do you have their written terms and conditions as that will take precedence
Thanks, ***** ***** are not helpful as they specifically state that fees are non-refundable and therefore it will be for the judge to decide if their terms and fair and reasonable