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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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My question was not answered. I need to know what my course

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My question was not answered. I need to know what my course of action is in terms of the threat to set the case aside, despite the defendant having had plenty of chance to dispute it previously!
JA: Where are you? It matters because laws vary by location.
Customer: Still in England - please view the previous thread
JA: What steps have you taken so far?
Customer: See previous thread
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes - READ THE THREAD

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

The defendant can only have a CCJ set aside if they have reasonable prospects of successfully defending the claim. Or for example if there is another good reason such as they never received the court documents in the post. The courts expect defendants to apply promptly - I have seen the previous thread and the defendant's argument will fail if they try to apply and set the CCJ aside. They have no legal argument as far as I can tell for asking the court to set it aside. If they do apply, the court may simply reject their application on paper (as they have to have some merit in their application for it to be listed for a hearing). If they do get it listed for a hearing then you will need to oppose their application which is easy enough to do.

You should write back to the claimant to say they had the chance to defend the claim and if they feel the judge was wrong, to go through an appeal process (they are probably out of time for this in any event). And tell them if they do make an application to set aside then you will oppose and seek your costs given their application is entirely without merit.

I hope this helps - if you can please accept the answer and give me a 5 star rating (the top right of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

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