Defending a claim/judgement/CO advice

[daw]

So where do you think this leaves me, I still need to know the appropiate action, how best to fill in the N244 and what sections of the relavant law to quote. Can you point me in the right direction?

 

Once I have got the set-aside for the default judgement AM I THEN ASKING FOR 'ANOTHER' SET-ASIDE FOR THE CLAIM this is something i don't get?

 

 

@sequenci

I would like to point out payments were made to the bank account BEFORE court action started, since it did NO PAYMENTS HAVE BEEN MADE.

[sequenci]

If you set aside the default judgment then it would take it back to the claim stage. you would then have to look at defending the claim.

 

You can find info on set asides here:

 

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

[daw]

I'm pretty clear on how to approach the set-aside, the judge himself said this would be a formality on his advise, to give us a chance to defend.

 

It's defending the claim I really need to understand, and do I do it at the SAME TIME as submitting set-aside, as supporting evidence or should I wait until the set-aside is granted before filing a defence?

 

I'm worried if the set-aside is granted and then the claiments solicitor gets a new judgement before we have a chance to defend.

[daw]

OK, well I need to do something today or Wed at the latest so my plan of action is to send in the N244 for the set aside with regards the screw-up by the solicitor as the main reason. I will also send a witness statement to support a intended defence of the original claim, as I have not received the documents from the SAR request It looks from the answers given above its the best I can do at this time.

 

If anybody sees any problem with this please say something.

 

Cheers

[pt2537]

Hi Daw,

 

My understanding is that if the CCJ is set aside, then its back to the defence stage.

 

now i can happily help you write the defence once the set aside is completed but im afraid im unable to help much with the setting aside of the judgment

 

Regards

paul

[daw]

Thanks pt2357, that would be very gracious of you.

 

As above I will outline an intent to defend based on the points I mentioned above.

 

It seems to me to be quite clear that S10 of the CCA 1974 applies as the overdraft limit set by the bank was not exceeded and thus all subsequent actions including interest claimed under S69County Court Act are all to pot!

 

Like you say it might be difficult but I think its worth a try.

 

 

one last question: I presume the court will notify us in writing if/ when the set-aside is granted?

[sequenci]

one last question: I presume the court will notify us in writing if/ when the set-aside is granted?

 

There is a high certainty that there would be a hearing for the set aside, only few are handled without one.

[daw]

Would this be a '2 minute' hearing or something longer do you think?

[sequenci]

Would this be a '2 minute' hearing or something longer do you think?

 

possibly longer matey.

 

i reckon 10-15.

[daw]

This is what i'm putting on Part C of my N244. If anybody can see anything wrong please say so.

 

 

xxxxxxx the Claimants representatives, while in receipt of the Admission on the 25th August (see attached sheet lab led Proof of Postage) 3 days before the date of service (MCOL case details attached), did not to file it with the court before the due date of 28th August 2007. A default judgement was filed on the 30th August. I personal spoke with ‘xxxx’ of xxxxxxxxxx on the 3rd December and was told xxxxxxxxxx filed my admission on the 31st August. This has also been confirmed with ‘xxxxxxx’ of xxxxxxxxx.

 

I believe under the Civil Proceedure Rules: Section 13.2(a) applies and judgement must be set aside.

 

Cases where the court must set aside judgment entered under Part 12

 

13.2 The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because –

 

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;

 

 

Conditions to be satisfied

12.3 (1) The claimant may obtain judgment in default of an acknowledgment of service only if –

 

(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

 

(b) the relevant time for doing so has expired.

 

12.3 (3) The claimant may not obtain a default judgment if –

 

© (i) the claimant is seeking judgment on a claim for money; and

(ii) the defendant has filed or served on the claimant an admission under rule 14.4 or 14.7 (admission of liability to

pay all of the money claimed) together with a request for time to pay.

 

 

Outline of defence to claim.

 

That the overdraft facility and limit set by the claiment was not exceeded, therefore the overdraft falls under Section 10 of the Consumer Credit Act 1974 as ‘Running-account credit’. The claiment has not abided by set procedures with regards the Consumer Credit Act 1974 in suppling the required information or service of documents.

[daw]

Oh, and am I supposed to supply a duplicate of all evidance for the claiment ??

[daw]

I will need to send this to the court today at sometime, so can anybody sanity check this?

[daw]

Did anybody have an opinion of the aboce responce?

 

I don't want to leave it on the site without one in case it is wrong and somebody else uses it.