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Hi got a little problem. I sued my dentist for pain and ask for judgement by default. That was issued on the 28th of April. Yesterday came a letter from the Money Claim Online court that the dentist was asking to stop the judgement. I think it is too late now. However, the Northampton court decided to put the file to the local court. Do I face a court hearing now or can I ask the local judge to refuse her application because it came too late? What chances do I have.
The defendent will be given every opprotunity to defend your action even if it means it's 'out of time' & frankly that's best for you cos had you got your default Judgment the defendant would have little trouble in getting it overturned
This way the matter should be resolved once & for all
Please bear in mind that unless you have the good fortune that the judge is a qualified dentist who hears the case then I'd guess you will have to pay for an expert to prove your case now.
What for do they have time limtis then? The dentist acknowledgeed the claim, has 28 days time and still after 6 weeks it is all right to put a defence into it? That means I can not trust that "default judgement" and have to prep. for a real court process with experts?
Why is it useless? I had an infected tooth which had to come out. Instead she drilled it and told me to come back one week later. She refused to treat me because I was 10 min late. It was a private dentist, no contract signed. I had to go to NHS 6 weeks later and the other dentist confirmed the infection. Its easy, I can get an expert to confirm the infection on the x-ray and probably another dentist as expert. I work in the hospital so that should be easy. I only don't understand why she can miss the 28 day rule to get a defence and then nearly 2 months later she is defending the claim and the whole thing goes to the county court. What for are there time limits? I just don't get it.
This post is off the track a little as I not answering your question because its been answered, there can be a hearing.
Al asked in posts #3 and #5 about costs, and how are you going to prove your case.
You would need to get expert opinion (do you think they will support you in an action against another professional) as Al rightly states you would need to satifsy the judge that,
i) There was neglect
ii) The pain was unavoidable
The dentist could also provide an expert, I expect her insurers are paying for the defence, possibly the reason for the delay was opinions being sought.
This could end will you bearing a fairly considerable cost were you to fail in your action, if you don't mind me saying I think you will lose, you're up against here.
I'm not saying give up just think about about how you will cover the costs.
Regards
Andy
Last edited by old_andrew2007; 18th May 2008 at 09:21.
Why is it useless? I had an infected tooth which had to come out. Instead she drilled it and told me to come back one week later. She refused to treat me because I was 10 min late. It was a private dentist, no contract signed. I had to go to NHS 6 weeks later and the other dentist confirmed the infection. Its easy, I can get an expert to confirm the infection on the x-ray and probably another dentist as expert. I work in the hospital so that should be easy. I only don't understand why she can miss the 28 day rule to get a defence and then nearly 2 months later she is defending the claim and the whole thing goes to the county court. What for are there time limits? I just don't get it.
Hello.
I think you may have misunderstood.
A default judgment, the mechanics of one in law, is quite useless.
Rarely will one not get set aside and that is what the other side have applied for and will get.
I'm not saying your case is useless.
If you feel you have a strong case, and can prove it, then you have to decide to follow it through or not.
What for do they have time limtis then? The dentist acknowledgeed the claim, has 28 days time and still after 6 weeks it is all right to put a defence into it? That means I can not trust that "default judgement" and have to prep. for a real court process with experts?
The time limits are one thing, and in the absence of other elements will stand. However, the over-riding objective means that every one should have a chance to explain themselves in court, and therefore, if the defendant has a reason for not defending earlier, the judge is duty bound to allow them to lodge a defence and to present their defence at court, although some judges are less lenient than others in the matter.
It works both ways, so don't be so quick to condemn a system which allows everyone a chance to defend themselves in court, you never know, in the future, you might find yourself on the receiving end of a court case, and when that happens, should you have a problem meeting deadlines for whatever reason, you might find yourself very grateful the small claims court system is that little bit more flexible.
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All advice and opinions given by Bookworm are personal, and are not endorsed by ConsumerActionGroup or BankActionGroup. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
The dentist was legally represented. As far as I know now she sent a fax on the last!! day and did not check that by phone if the fax arrived. No she put a counterlcaim against me (still after the time limit together with the defense). How does the counterclaim work? Do I get a seperate court order or do I have a file a defense now?
350 for wasted appointment time. But no further reasons. That was in the defence claim, that came too late.
Hi is it possible to up-load the information on counterclaim, remove any identifiable info, I am sure that many people posting were not aware of this counterclaim, I think you will need fresh advice.
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Judgement by default 
Barclays: Won ~ NatWest: Won ~ Halifax (x2): Won ~ FNMF: Won ~ Barclaycard: Won ~ GHD: Won ~ Grattan: Won ~ GE Money: Won ~ Capital One: Won ~ Land of Leather: Won.
For a missed appointment I gotta see how they justify that
