Set-aside, representation, Leeds?

[skwdenyer]

I wonder if anyone can help / recommend somebody?

A friend of mine received (or his company - a CIC - did) a fine from Companies House. He didn't receive the papers (wrong address, legitimate). Received CCJ from Northampton bulk court. Filed an N244 application for set-aside.

He's in London.

Set-aside has now been listed for a hearing in Leeds next Thursday. He cannot attend (out of country) and doesn't know how to proceed (and I don't know if he would have a right of audience in any case). Believes he needs a lawyer to rock up in Leeds on Thursday, but also seems to believe this is a formality (which it may not be). Believes case cannot be transferred nearer to him either.

I believe he needs to talk to somebody with experience, and work out what to do.

Can anyone here assist, or recommend somebody who could? Clearly Leeds-based or nearby would be ideal in case there is a need for said person to actually attend next week!

Usual sob story: his is a CIC, limited means, etc. But he seems to have a genuine issue here, not dog-ate-my-homework!

[ElectricPics]

Has he tried ringing up the court and asking for the hearing to be put back to another date?

[Lurking Lawyer]

ElectricPics said:

Has he tried ringing up the court and asking for the hearing to be put back to another date?

The court clerks can't do that - an adjournment has to be ordered by a judge.

They'll doubtless say if asked that it needs to be done by way of a formal application to the court together with the application issue fee of £255. He may be able to get a partial or even completed rebate of the fee if the CIC completes the relevant fee remission application form.

[anonymous-user]

Contact Alan, the head clerk at 9 Stone Buildings in Lincoln's Inn, and ask if Gurprit Mattu is available. Or call Enterprise Chambers and ask for one of their direct access juniors.

[ElectricPics]

Lurking Lawyer said:

The court clerks can't do that - an adjournment has to be ordered by a judge.

They'll doubtless say if asked that it needs to be done by way of a formal application to the court together with the application issue fee of £255. He may be able to get a partial or even completed rebate of the fee if the CIC completes the relevant fee remission application form.

Cheers for that - I thought it would be a relatively simple matter for the clerks. I had a county court hearing changed a few years ago with a phone call so I thought it would be similar.

[skwdenyer]

Breadvan72 said:

Contact Alan, the head clerk at 9 Stone Buildings in Lincoln's Inn, and ask if Gurprit Mattu is available. Or call Enterprise Chambers and ask for one of their direct access juniors.

Thank you, I shall pass that on.

[anonymous-user]

Or even better Park lane Plowden chambers, who are just across the road from the court building and have plenty of direct access barristers on the books. Can recommend Andrew Scott.

[KungFuPanda]

Have you tried asking the other side if they’ll consent to setting judgment aside if they did indeed issue against the incorrect address. If so, try and get a consent order bashed out and before a judge by Tuesday?

[skwdenyer]

janesmith1950 said:

Or even better Park lane Plowden chambers, who are just across the road from the court building and have plenty of direct access barristers on the books. Can recommend Andrew Scott.

Thank you

[skwdenyer]

KungFuPanda said:

Have you tried asking the other side if they’ll consent to setting judgment aside if they did indeed issue against the incorrect address. If so, try and get a consent order bashed out and before a judge by Tuesday?

It genuinely isn’t me in this but a friend (well, business counterparty more accurately).

I do not know precisely what he’s done, but I do know he was in email contact with Companies House. There seems a question as to whether the debt has been assigned (and if so in what way) to a Leeds-based outfit.

I agree with you that your approach is what I would try. And may be what has already been tried here.