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Default Judgement Against Securitas Security Services (uk) Limited *** Counter Claim Struck Out ***


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Question is why do companies ignore thier employees or even ex-employees ?

 

Still irrelevant to your claim. Their actions are done now, you can't make them change, only they can choose to do so as a result of events.

Focus on your case, trying to work out why they have done what they have done or trying to make them change (other than doing so by beating them in court) is wasted time / effort.

 

Why not start a thread in the Bear Garden where you can rant about how unfair they are, and leave this thread focused on the case........

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aye, but commomly these are at the court nearest to the applicant of the set aside if it is going to be decided on the papers. Objecting to a set aside is not that common a thing, it does happen of course, happened to a friend of mine who had a judgement in his favour set aside twice when the defendant failed to turn up of the court dates. The sod then tried to counterclaim for the costs of attending the third hearing but that was dismissed. This is why you need to see the set aside application and if you think their reason for applying is worthy of comment request a hearing. It may be that an order is made that your objection will be in writing only to keep costs down.

All hearings should be in your local court as litigant in person verses a company......most default judgments are usually granted a set a side hearing...then its down to the reason offered for not acknowledging or submitting a defence
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aye, but commomly these are at the court nearest to the applicant of the set aside if it is going to be decided on the papers. Objecting to a set aside is not that common a thing, it does happen of course, happened to a friend of mine who had a judgement in his favour set aside twice when the defendant failed to turn up of the court dates. The sod then tried to counterclaim for the costs of attending the third hearing but that was dismissed. This is why you need to see the set aside application and if you think their reason for applying is worthy of comment request a hearing. It may be that an order is made that your objection will be in writing only to keep costs down.

 

Where to make an application

 

CPR23.2

 

(1) The general rule is that an application must be made to the court or County Court hearing centre where the claim was started.

(2) If a claim has been transferred to another court, or transferred or sent to another County Court hearing centre since it was started, an application must be made to the court or the County Court hearing centre to which the claim has been transferred or sent, unless there is good reason to make the application to a different court.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23

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trouble is he won a default judgement so Northampton CCBC would be thei original court

 

Northampton simply transfer any applications to the Litigants County Court...Northampton is only a CCBC..they dont deal with claims apart from default judgments.

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paperwork also sometimes gets sent to Wigan for some reason. However, you get the drift, a default ist really heard so you need to poke them.

The default judgement was made at The county court centre in Salford. The older system was much quicker.
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I havent seen the papers recieved yet but apparently BBC Cameras were following the enforcement agents when they enforced the Default judgement. Will write up what the application says etc. Also apparently they are following this thread.

So whats cooking today ?

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so, now at your local court? This is what it should be for an individual and a corporation regardless of who is defendant. You now have the opportunity to say why the judgement shouldn't be set aside. Stick to the facts and to the law, take your paperwork with you so you have written evidence rather than just oral. This is important when referring to other cases/bits of law etc, no-one will look them up as it is your job to make your case.

 

Basically of your papers were served correctly the fact someone in the company forgot to pass them on or didn't take it seriously enough to file a defence wont win then a set aside but you need to show procedure was followed by having a copy of the CPR's and be able to show that everything was done correctly by you and even after the event you did your best to get the matter sorted before sending in the bailiffs.

 

When did they start following this thread? That itself can show they know about the claim before the bailiffs got involved. You may need to ask the judge to get them to show their hand on this as I'm sure they wont voluntarily admit knowing and ignoring in the hope that you would run out of steam.

 

Then look into the facts of the case, they say they reckon they can get the claim overturned- on what grounds? Obvious one is they dont owe you the money so you need to show your figures and show why they are correct and the reason for suing is sound. May be they say it isn't a breach of contract but another matter that should be dealt with elsewhere so you need to show that correct procedure, lawfulness of claim etc. that mead reference to employment act etc. basically anything you can think of should be taken with you

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In their application to set aside they have stated that they were unaware of the judgement. They also claim they had no contact from me and they had no contact from the enforcement agents. However they managed to make a payment to the enforcement officer the day before they arrived to execute the writ. Also they claim that BBC cameras were also following the enforcement agents .

So whats cooking today ?

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In their application to set aside they have stated that they were unaware of the judgement. They also claim they had no contact from me and they had no contact from the enforcement agents. However they managed to make a payment to the enforcement officer the day before they arrived to execute the writ. Also they claim that BBC cameras were also following the enforcement agents .

 

 

Have they put these in their application? If not : irrelevant.

If so, surely they still don't influence if they have made their application "promptly" ; and isn't that they key point on which you are basing your request that the court deny their application...

 

Don't get distracted by irrelevancies, and try to focus the court's attention on the key point(s) of law.

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Have they put these in their application? If not : irrelevant.

If so, surely they still don't influence if they have made their application "promptly" ; and isn't that they key point on which you are basing your request that the court deny their application...

 

Don't get distracted by irrelevancies, and try to focus the court's attention on the key point(s) of law.

 

Ok.

So whats cooking today ?

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Have they put these in their application? If not : irrelevant.

If so, surely they still don't influence if they have made their application "promptly" ; and isn't that they key point on which you are basing your request that the court deny their application...

 

Don't get distracted by irrelevancies, and try to focus the court's attention on the key point(s) of law.

 

Yes they have. Just reread what you have asked.

So whats cooking today ?

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Have they put these in their application? If not : irrelevant.

 

Yes they have. Just reread what you have asked.

 

Good, as if you know what is in their application you have a copy of it to post up ......... so that a rebuttal can be derived (primarily focusing on the promptness [or lack thereof!] of their application......? )

 

surely they still don't influence if they have made their application "promptly" ; and isn't that they key point on which you are basing your request that the court deny their application...

 

Don't get distracted by irrelevancies, and try to focus the court's attention on the key point(s) of law.

 

New hearing date received for set aside application. See what happens.

 

When is it listed for?

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Good, as if you know what is in their application you have a copy of it to post up ......... so that a rebuttal can be derived (primarily focusing on the promptness [or lack thereof!] of their application......? )

 

 

 

 

 

When is it listed for?

 

11th August 2017

So whats cooking today ?

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No order as to when reply is due in . Just waiting to get hold of paperwork to do a word by word thing.

 

There will be no Order as there is no official reply.

 

You can submit a witness statement opposing the application if you want.

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In their application to set aside they have stated that they were unaware of the judgement.

 

Remind me : what have you received that shows what is in their application , and when did you receive it?

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