have your received a copy of the application? If so you write and object to it and let your letter be added to the pile for whoever is going to do the case management on this decide what they will and wont be ordering. It is very early days in terms of court timescales but dont be shy, let the court know your side of things from the outset BUT DONT BE MAKING PERSONAL COMMENTS, just the cold facts. Dont invite the court to believe you over them either.

Spoke to the court and have been told copy or application and order will be sent once judge has seen it and made a order.

Order has been returned to the defendant as paperwork is missing from the application to set aside by judge.

Order has been returned to the defendant as paperwork is missing from the application to set aside by judge.

'Order returned'? or 'Application returned'.

It seems their "top flight legal team" can't 'get their ducks in a row'!

'Order returned'? or 'Application returned'.

 

It seems their "top flight legal team" can't 'get their ducks in a row'!

Application returned.

have you whacked in a letter with this objecting to the set aside app?

Yes I have. This was sent as soon as the application was confirmed by the court centre.

How do you target your objection when you haven't seen the applicant's reasons that request set-aside?

Good question.

Good question.

Might it be that their application was purely to request permission to apply for the set aside 'out of time'. Therefore no arguments about the original claim were put forward and objection would only relate to the 'out of time' application. For example they might have said that you gave the court the wrong company address to send the claim and therefore it did not get to the companies legal department to deal with it within the time allowed.

not relevant to this matter and you would be advised to stick to just the facts of your case. Repeat the above to a court in furtherance of your claim/defence and you may be asked to furnish absolute proof of this and you wont be able to. What you know from either your personal action or hearsay and what you can prove are 2 different things so stop making these kinds of comments or you may well just help them.

not relevant to this matter and you would be advised to stick to just the facts of your case. Repeat the above to a court in furtherance of your claim/defence and you may be asked to furnish absolute proof of this and you wont be able to. What you know from either your personal action or hearsay and what you can prove are 2 different things so stop making these kinds of comments or you may well just help them.

I don't know what you are replying to (as there is no post quoted and it looks like at least one post has been edited / deleted), but if the OP has a letter from D or their solicitor stating that the D received the claim, that isn't hearsay (if demonstrably from D e.g. on headed paper)

If D made an application based on "not having received the claim", the court can consider evidence that weighs against that, but you are correct that it would need to be in a form (such as letter on headed paper) that would allow the court to assess how much weight to give to that evidence.

You are further correct that the OP should stick to facts, not emotion or supposition. "I have a letter from the D that states , and have exhibited this" is a fact.

I don't know what you are replying to (as there is no post quoted and it looks like at least one post has been edited / deleted), but if the OP has a letter from D or their solicitor stating that the D received the claim, that isn't hearsay (if demonstrably from D e.g. on headed paper)

 

If D made an application based on "not having received the claim", the court can consider evidence that weighs against that, but you are correct that it would need to be in a form (such as letter on headed paper) that would allow the court to assess how much weight to give to that evidence.

 

You are further correct that the OP should stick to facts, not emotion or supposition. "I have a letter from the D that states , and have exhibited this" is a fact.

A letter was received from the defendants solicitor. This stated that they had received a claim form and it was passed onto the wrong department and misplaced. This was on headed paper by a well known franchised company of solicitors. I will reproduce this once this is over or am I safe to reproduce it here ?

I don't know what you are replying to (as there is no post quoted and it looks like at least one post has been edited / deleted).

It was just a post by the OP that did not relate to court process and was more about operational issues of company that might explain admin issues as to why the court claim was not responded to originally.

Guess it was deleted as it was not relevant.

A letter was received from the defendants solicitor. This stated that they had received a claim form and it was passed onto the wrong department and misplaced. This was on headed paper by a well known franchised company of solicitors. I will reproduce this once this is over or am I safe to reproduce it here ?

The only place it needs to be produced is in court, and even then, only if D makes an application to set-aside, AND is basing that on "the claim wasn't received". Then it is relevant, to refute that statement.

You needn't reproduce it here, (now or later).

What would doing so add? you don't need to persuade us that you have received such a letter.

A post has been deleted. Uncle Bulgaria is right in saying it was example of how admin work at local levels and if this is what a company is at branch level. Then what is it like at management or corporate level ?

A post has been deleted. Uncle Bulgaria is right in saying it was example of how admin work at local levels and if this is what a company is at branch level. Then what is it like at management or corporate level ?

Irrelevant to your court case. Don't focus on distractions.

You've been advised this many times by multiple respondents now.

Irrelevant to your court case. Don't focus on distractions.

 

You've been advised this many times by multiple respondents now.

Trying not to distract but every now and then resistance is unavoidable.

Notice of application being transferred to milton keynes county court.

is that your local court or theirs?

is that your local court or theirs?

Theirs Although set aside application has correspondence address for Birmingham.

Am still at a loss myself on this.

If you served a claim form and through their own Incompentence failed to acknowledge and you win by Default

There can be no reason for the judge to allow the set aide application as ignorance is no defence, with or without your consent

They must know this?

Am still at a loss myself on this.

 

If you served a claim form and through their own Incompentence failed to acknowledge and you win by Default

 

There can be no reason for the judge to allow the set aide application as ignorance is no defence, with or without your consent

 

They must know this?

From what I have understood from this episode is that one hand doesn't know what the other is doing. This shows a lot of confusion for such a massive company. This could have been sorted out months ago.

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

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

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