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County Court Judgment Set-Aside Application

A completed fictional request to set aside a default judgment where the claim was sent to an old address.

Jurisdiction: England and Wales - completed fictional worked example

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# COUNTY COURT JUDGMENT SET-ASIDE APPLICATION

Date: 18 March 2038

Parties: To: Southampton County Court; Applicant: Priya Shah, 8 Larch Road, Southampton SO16 4TN; Claimant: Brightline Kitchens Ltd; claim CB-2038-114

## 1. Court, parties and judgment

Southampton County Court — claim CB-2038-114. Priya Shah applies against Brightline Kitchens Ltd. The court entered a default judgment for £2,400 on 2 February 2038; no hearing took place before that judgment.

## 2. Service and chronology

The claim was posted to 22 Elm Street. I moved to 8 Larch Road on 1 December 2037 and updated my electoral and banking records. I discovered the judgment on 10 March 2038, obtained the court papers on 12 March, and make this application on 18 March without avoidable delay.

## 3. Proposed defence and procedural basis

My draft defence has a real prospect of success: bank evidence records my £1,800 payment on 15 November 2037, and photographs and an engineer's report identify defective installation in the remaining work. I invite the court to consider CPR Part 13.2 or, if applicable, Part 13.3; this letter is not a substitute for the current prescribed application form, fee and statement of truth.

## 4. Evidence and order requested

I enclose the tenancy agreement for 8 Larch Road, a utility bill, the payment confirmation, photographs, the engineer's report and the draft defence. I request that the judgment be set aside, that I be allowed to defend, and that any enforcement be stayed pending determination, subject to the court's powers and current rules.

## 5. Signature and next steps

Please issue or confirm the current procedure and any hearing date; I will file the prescribed form and serve Brightline as directed. I understand the court decides this application and that deadlines must be checked against the current CPR and court notice. Priya Shah — signed 18 March 2038.

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