northern rock court order

[room102]

Hi

 

I would appreciate feedback on the following, I am in dispute with NR regarding the legality of a loan based on non disclosure rather than a technical issue (post March 2007).

 

I have sent both defence and allocation questionaire, the judge in his infinite wisdom deamed the following:

 

IT IS ORDERED THAT

 

1. There be judgement for the Claimant pursuant to the CPR Part 3 (4) (2) a the Defendant disclosing no resonable grounds for succeeding.

 

2. Because this order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the Court to arrive within seven days of service of the order.

 

The 7 days being up on the 21st letter received 16th.

 

My question can I send a court order to request a NR representitive to appear in court with requested documents, if so how do I go about it.

What is the procedure to set aside the case so as to arrange further proccedings.

If the judge has made his decision regardless of my defence etc and is not willing to see both parties in court am I wasting my time.

 

 

cheers

 

room102

[Trilby274]

Cases where the court may set aside or vary judgment entered under Part 12

 

13.3

 

(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

 

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

 

(ii) the defendant should be allowed to defend the claim.

 

 

 

(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

(Rule 3.1(3) provides that the court may attach conditions when it makes an order)

(Article 19(4) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies to applications to appeal a judgment in default when the time limit for appealing has expired.)

 

 

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT

 

Sorry, don't know if this will help but time is very short for you!!!