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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20160
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I have obtained a CCJ by default for monies owed to me, the

Resolved Question:

I have obtained a CCJ by default for monies owed to me, the defendant didnt attend the hearing. He turned up 40 minutes late & has now applied for a hearing to set aside judgement.

Question

Do I need to return any forms to court or just attend the hearing?

How is this dealt with by the judge & what is the likely outcome
Submitted: 11 months ago.
Category: UK Property Law
Expert:  Stuart J replied 11 months ago.
Do you actually want to attend the hearing?
How much is the claim for?
What excuse did he make for being late?
Can we have full background details please?
Customer: replied 11 months ago.

The claim is for £4,400


 


He reasons for missing the hearing was that he was late due to road works, following a tractor and a road accident


 


The money owed to me was for services provided for a project in russia


 


He claims he doesnt owe me the money as the project was never completed to client requirements


 


The fact is that it would never be completed to his clients requirements because he specified incorrect equipment

Expert:  Stuart J replied 11 months ago.


Thank you.

In all honesty, on these facts, there is probably no point
in objecting to his application to have the judgement set aside because if he
has a reasonably plausible excuse and if he was was suitably apologetic to the
judge, then the judge will allow the application.



The decision is yours as to whether you oppose the
application or not, but if it was my time, I would not attend court but I would
write to the court and apologise for not attending would say that you are doing
it to avoid wasting court time and that you have no objection to the judgement
being set aside and for it to proceed to a full hearing.



It is important to emphasise that you are not dropping the
claim, but simply agreeing that it can be set aside in the short term.



Can I help any further?

Customer: replied 11 months ago.

He is attending the hearing, am I correct in thinking the judge will want a good reason for falling to attend, ok understand what you say and also that he as a suitable defense to move forward.


 


I dont mind it taking up my time, would I be allowed to put questions to the defendant and make comment

Expert:  Stuart J replied 11 months ago.








Actually saying
that you are not objecting and you are simply agreeing to this to avoid wasting
court time, as you believe it can be dealt with without a hearing, is a
perfectly adequate reason.



You can put
questions to him on the day. If you want to attend court, and indeed you can
object to having it set aside. But in my experience, he will get it set aside.



However, this
hearing is only about having the judgement set aside and not, in respect of the
actual matter which you are suing over. The court just needs to satisfy itself
that he has a reasonable prospect of defending the claim and that he does
actually have a defence, it does not, at this stage, after satisfy itself that
the defence has merit

Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20160
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 2 other UK Property Law Specialists are ready to help you
Customer: replied 11 months ago.

Do I just object on the day or do I need to send in a form or letter

Expert:  Stuart J replied 11 months ago.
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