Judgement In Default Set Aside !! Any Advice?

[Richard]

No defence was filed by Lloyds TSB within the timescale set by the court, so I applied and got judgement by default.

One week later they filed a defence, and the court then set aside my judgement, arguing Lloyds had the right to appeal against the judgement (although they didnt) so they might as well set it aside.

Any advice?? Is it worth appealing against the courts decision?

All help or advice gratefully received.

Cheers!

[legalpickle]

Originally Posted by Richard

No defence was filed by Lloyds TSB within the timescale set by the court, so I applied and got judgement by default.

One week later they filed a defence, and the court then set aside my judgement, arguing Lloyds had the right to appeal against the judgement (although they didnt) so they might as well set it aside.

Any advice?? Is it worth appealing against the courts decision?

All help or advice gratefully received.

Cheers!

Nope. Whilst Lloyds wouldn't have been able to "appeal" against the Judgment as such, they could have made an Application to Set Aside Judgment and probably would have done if they felt it was worth it, so there probably isn't much you can do to contest the court's decision.

You can't technically "appeal" that decision, but you can make an Application to vary it or set it aside, but that would cost you another £40 at least, most likely £75 and is unlikely to succeed.

So in my opinion, just keep the process going.

If you disagree then make an Application on a N244 http://www.hmcourts-service.gov.uk/c...rms/n244_e.pdf and pay £40 to the court office, asking for it without a hearing, asking for Judgment and explaining your reasons. But I personally doubt you'll succeed.