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Judgement by Default now Application notice - Help what does it mean!?


rockinrodders
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My case from HSBC has been going on months and they failed to return their AQ by the original deadline in August, the court gave them an extra month, then an extra 2 weeks but they still didn't file it.

 

I was awarded Judgement by Default on 9th October as 'The Defendant has not replied to the claim form'

 

I hadnt heard anything since then so rang the court a couple of weeks ago and they said I should request a Warrant of execution. Which I did and paid my £55

 

Today I got a package from the court. the front page is a notice of application hearing by telephone on 14th February.

 

Then there is an Application notice N244 filled in by HSBC which basically seems to request a reinstatement of the defence and for the claim to then be stayed pending the outcome of the test case. He applies for "Release of sanction CPR3.3(5) and rule 3.9

 

Then there is a witness statement from Mr Shelley of DG solicitors saying they didnt receive the documents etc etc never knew about the case and saying if they did they ar econfident it would have been stayed.

 

His final paragraph says "I accordingly invite the court to set aside the strike out order and stay the present proceedings on the terms attached to this witness statement"

 

The page he refers to is an order that looks like a formal court order but he has dated it 17th October and it states:

 

It is ordered that:

1. The order dated 30 October striking out the defence be set aside

2. The present proceddings be stayed pending the final determination (including for the avoidance of doubt, any appeals) of the Commercial court proceedings between the OFT and the defendant comprised claim no 2007 folio 1186

3. Both parties be at liberty to apply

 

 

Now my questions on this are why is he asking for an order dated 30th October be set aside - There was no order on 30th October (His request was dated 2 weeks before this as well, is he psycic?)

 

Or is he doing the usual and cutting and pasting his stuff from a different case?

 

Please can somebody advise me if I need to do anything, or just wait till Feb for this hearing?

 

I would like to write to the court and show them proof that the defendants were fully aware of the case, the AQ deadlines, and all other deadlines as I was writing to them on a weekly basis to remind them. All letters were sent recorded so I kept proof of them being received. Can I present this to the court to show that his witness statement is based on a pack of lies?

 

I can scan the full documents tonight if anybody needs to see them to be able to help me. But not being a solicitor I havent got the foggiest idea what to do or indeed if I actually need to do anything

 

Any help much appreciated

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Hiya Rod, I think a letter to the court with copies of your letters and proof of delivery wouldnt hurt, also point out the errors in Mr Shelly's application, maybe pointing out this is just wasting court time as you have proof they were fully aware of the status of your claim.

 

I dont think anything will happen now untill the hearing, which will be a month after the test case starts but its worth a shot.

 

pete

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  • 2 months later...

I wrote 2 more letetrs to the court including details of all the nudge letters and reminders I had sent to HSBC and to DG ad included copies of the recorded delivery stubs etc.

 

No reply to either letter, despite them again being sent recorded over 2 months ago.

 

I received an letter from DG recently asking for my phone number for the hearing on 14th.

 

Does anybody know what documents I need to put together for a court bundle on this one. I have read a few other similar threads but couldn't seem to find any details of the bundle required.

 

Presumably I just enclose a copy of all my nudge letters to DG/HSBC and the delivery receipts. That way I can show that they must have been aware of the case and the deadlines that they missed (all 3 of them). That should be 3 letters from me and the 3 notices from the court that I received and they claim they didn't.

 

Do I need anything else?

 

I can post of copy of the notes and application details from DG if that makes it easier for somebody to help?

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I looked at both of those threads but found many references to their budnles etc but nothing that detailed what had to go in it

 

Does anybody know what needs to go in a court bundle for an application to set aside judgement hearing?

 

Their argument is 10 pages long but is similar to those in Syds Mum and Beccis thread but states the reason why they did not return paperwork etc on time or meet the courts deadlines was becasue they were not aware of the deadlines.

 

I was going to include a copy of my nudge letters, delivery receipts and the court papers I received clearly showing the dates etc as evdence that there is no way they were not aware of the case and the deadlines.

 

Should I refer to these other cases where they say the same rubbish about not being aware etc?

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hi rockin it looks like they have done the same as in mine and beccis cases... you need to have a look at my arguments (becci used them) and we both won...PM me your e mial and i will send em to you no probs. we havn't posted cos feel that they could be watching!!!

 

debbie xx

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My case from HSBC has been going on months and they failed to return their AQ by the original deadline in August, the court gave them an extra month, then an extra 2 weeks but they still didn't file it.

 

I was awarded Judgement by Default on 9th October as 'The Defendant has not replied to the claim form'

 

I hadnt heard anything since then so rang the court a couple of weeks ago and they said I should request a Warrant of execution. Which I did and paid my £55

 

Today I got a package from the court. the front page is a notice of application hearing by telephone on 14th February.

 

Then there is an Application notice N244 filled in by HSBC which basically seems to request a reinstatement of the defence and for the claim to then be stayed pending the outcome of the test case. He applies for "Release of sanction CPR3.3(5) and rule 3.9

 

Then there is a witness statement from Mr Shelley of DG solicitors saying they didnt receive the documents etc etc never knew about the case and saying if they did they ar econfident it would have been stayed.

 

His final paragraph says "I accordingly invite the court to set aside the strike out order and stay the present proceedings on the terms attached to this witness statement"

 

The page he refers to is an order that looks like a formal court order but he has dated it 17th October and it states:

 

It is ordered that:

1. The order dated 30 October striking out the defence be set aside

2. The present proceddings be stayed pending the final determination (including for the avoidance of doubt, any appeals) of the Commercial court proceedings between the OFT and the defendant comprised claim no 2007 folio 1186

3. Both parties be at liberty to apply

 

 

Now my questions on this are why is he asking for an order dated 30th October be set aside - There was no order on 30th October (His request was dated 2 weeks before this as well, is he psycic?)

 

Or is he doing the usual and cutting and pasting his stuff from a different case?

 

Please can somebody advise me if I need to do anything, or just wait till Feb for this hearing?

 

I would like to write to the court and show them proof that the defendants were fully aware of the case, the AQ deadlines, and all other deadlines as I was writing to them on a weekly basis to remind them. All letters were sent recorded so I kept proof of them being received. Can I present this to the court to show that his witness statement is based on a pack of lies?

 

I can scan the full documents tonight if anybody needs to see them to be able to help me. But not being a solicitor I havent got the foggiest idea what to do or indeed if I actually need to do anything

 

Any help much appreciated

 

this looks just like mine love... they are basically saying they didnt know anything about your case.. but as soon as judgement been serve all of a sudden it appears...(mmmm...) your tactic is much the same as you have said.. show all proof of posting letters and any court paperwork you have had cos they should have recieved the same stuff... i think they are using this excuse cos they know that its the only thing that could possibley work now as you have got judgement and the arguements they have used in mine and beccis claims have failed... when i get your e mail and sent the bundle over to you, you can see for yourself what has been said and see if mine is the same as yours... if it is then you can adapt the statement i have done to suit yours (i.e dates and timeframes...) i must stress that you need to read it and understand it as this will help in your hearing when the barrister starts babbling legal jargon... trust me they will to try and confuss you... its not that difficult but seems quite daunting at first... if there is anything you diont understand just post up and will do my best to help you love... i can direct you for any supporting documents you may need as well...

 

debbie xx

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it sounds like debbie has pretty much got you sorted, but if you PM me your email address I'll let you have a copy of my arguments too. You'll see references to various stuff but its all readily available. I'm not clever enough to scan & email stuff but I can at least point you in the right direction.

 

It sounds like the mix up with dates is exactly what's happened in a number of cases - DG have got their knickers in a twist using cut n paste!

 

Finally, take heart from the fact that debs & me were in a virtually identical position to you and we've won. Proof that it's not all going their way...

 

becci

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hi rockin.. i have e mailed you with response... the london borough has gone from my sig but will get it for you...let me know if the e mail came thru o.k...

 

debbie xx

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hi just realised london brough on PDF file so cant save it to word will try and find a way round it love give me a minute!!!:)

 

debbie xx

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  • 2 weeks later...

Well its the telephone hearing this afternoon. I sent my bundle to the court and HSBC on Tuesday by special delivery. I rang the court yesterday and they reckoned they didn't receive it even though the royal mail website said it had been delivered, then after me faxing them 95 pages they found it!

 

No doubt HSBC will claim they never received their copy either, so its a good job I sent theirs special delivery as well.

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hi rockers you have done all can... good luck and let us know wha happens!!! and make sue you have a copy of proof of posting so if you proceed to a hearing in court you will be able to add this to your bundle cos HSBC will try to make out you didnt send it!!!

 

debbie xx

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