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  1. Hi Folks This is a very long and complicated case, however, I shall keep this to the technical argument I am trying to compile is regarding non-service and setting aside the default judgment. Any information would be much appreciated as we have applied for an adjournment pending FOS complaint into conduct and charges of the mortgage company, but the judge has not granted adjournment and struck out applicatiion to set aside due to not being served "promptly" but I have to submit to him a copy of the compalint plus a defence out of time for the accounting only? The judge has not considered all the facts, partly because we never get the opportunity to explain them and partly because the bank lie! Please is anybody able to confirm whether it is automatically a mandatory set aside when service of court papers is at the last known address, knowingly aware that the customer is out of the jurisdiction and confined to a hospital bed? Thereby not physically in the jurisdiction and definitely not going to receive the papers to deal with them? Secondly, having been provided with a representative to handle affairs whilst in and out of the country, in possession of their name, address and telephone number and they did not make contact with that representative, does that also make it against pre action protocol and CPR6 and thus non-service and should be set aside, regardless of time? Not to mention that despite being in hospital and having a representative, they did not get a reply and nobody turned up in court to defend, it could be easily concluded that they did not receive the papers? Thirdly, if the above happens, is it then fair to use the set aside not applied for "promptly" rule and refuse set aside two years later following lots of problems with mortgage company when it quite clearly is not fair; and on top of that there were disputed arrears and a concession in place at the time that the possession order was applied for and none when the warrant of execution was applied for, they had been paid, albeit that this was in dispute and therefore, the set aside should be granted on the fact that the arrears were satisfied? Fourthly, when the arrears of the original possession order are satisfied, why can they continue to resurrect it for any reason or amount, even disputed charges to go for eviction? I have Fairways v Palmer, set aside due to defendant being out of jurisdiction that I would like to argue, does anybody have a later case that may stop me in my tracks? Any help much appreciated, my brain is fried!
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