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    • See what you think of the attached. I have to do some proofreading of an English grammar book for an Italian publisher this weekend - for money! - so I'm afraid corrections and suggestions will come in dribs & drabs.  I've totally knackered the layout, the numbering and the order of your Exhibits but there will be several versions done so don't worry about that ATM. Your arguments are superb. What is less superb is the way you jump from one to the other and back again, so I haven't changed your words, but I have moved the paragraphs around and given each section a heading. New bits are shown in red. Crossed out crossed out in black is something you've quoted from the government Code of Practice, but that has since been withdrawn so unfortunately that argument has to go. Your paras 7 & 8 don't harm your case but to me are waffle and can go.  Keeping the arguments clear & concise will always impress a judge. IMPORTANT - did you ever send Simple Simon a CPR request? Defendant's WS - version 2.pdf
    • Björn Ulvaeus appeared on stage in East Yorkshire at a conference held at the Bridlington Spa.View the full article
    • Hi Schipoo and thanks for the update. This is a brilliant result as rergards your fight with HMRC. If you can manage a Donation to the site, it would be greatly appreciated. Let us know how it goes as regards the fees being sought by Independant Tax.
    • A never ending torrent of **it Outrage as ‘tidal wave’ of sewage floods historic market town’s unique chalk river WWW.INDEPENDENT.CO.UK Exclusive: Water firm pumps sewage into river Misbourne, Amersham on 21 ‘dry days’ during nearly five month period  
    • Worth noting that all of these firms - either the alleged EIS investment, the rebate company themselves or the payee were all registered to the same address. Clavering House is 3 miles away from HMRC Benton Park view offices.   Wardrop - unfortunately unsuccessful due to late appeal - assessments opened by HMRC in March 2019. Scammed by Richard Hall (Capital allowances consultants ltd - Clavering House) investments into Cryoblast Limited 15/16 (Paul Huggins - Clavering House) and Eco Cooling solutions 16/17 (Anthony Fitches - Clavering House).    Mccuminsky - scammed by Capital Allowances after providing his details to Stefan Brown Alpha Tax Consultants (Clavering House) payment made to Eco Cooling Solutions.    Robson - scammed by Capital Allowances - 15/16 paid to Cryoblast 16/17 paid to Eco Cooling.    Myself - scammed by Allan Maxwell - MaxTax (other business Maxwell electronics) registered to Clavering House.   Cryoblast Solutions and Fast Tax - Alan O’Hara    Please note there are two Cryoblasts involved - Cryoblast limited (Paul Huggins and Clavering House) and Cryoblast Solutions Limited (Alan O’Hara also director of Fast Tax).    My return simply said “Cryoblast” another thing that should have been clarified as part of HMRC guidelines before paying out the claim.    Cryoblast limited was already suspected to be involved in fraudulent claims before my investment as Huntly had open assessments issued in November 2018.    Cryoblast Solutions, the same company director as Fast Tax where my money was sent was dissolved before my claims were submitted. 
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Whether the defendant has grounds to set a side....the court will either dismiss the application or allow it...if allowed then directions will follow and the claim will proceed.

The signature issue may be briefly considered...but its the process that's examined and if each party complied correctly.

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Grounds to set a side are if the process have been followed correctly by the defendant and ether you or the court has made an error in requesting judgment...normal default judgment or an irregular default judgment.

 

Better if you read up on the relevant set a side procedures as contained within the CPR.....

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

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I'm still confused as to what are grounds for allowing a set aside. I mean anyone can make an application but that's not the same as having grounds is it..

 

It can be hard to think positive when faced with the way the legal system operates but I believe if for a strange reason the case was set aside, you could appeal.

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It can be hard to think positive when faced with the way the legal system operates but I believe if for a strange reason the case was set aside, you could appeal.

 

No you cant...you can make objections at the hearing and support this by way of a Witness Statement in support...if the Court finds that due process was followed..in each of the parties process...then the set a side will be either allowed or dismissed....end of.

 

Andy

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dude

yours was a default judgment? in which case they wld have to at least satisfy cpr re set aside as linked by andy post # 559. they havent taken his side, yet to be decided.

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No you cant...you can make objections at the hearing and support this by way of a Witness Statement in support...if the Court finds that due process was followed..in each of the parties process...then the set a side will be either allowed or dismissed....end of.

 

Andy

 

Article here refers to appeals to a Judge's decision in a small claims court.

 

http://www.aboutsmallclaims.co.uk/set-aside-judgment-court-hearing.html

 

I have actually appealed a judgement myself, yes your reason has to be justified.

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No determindator...appeals are made to overturn Judgments....not orders such as if a set a side was granted.

 

 

 

" Quote Originally Posted by determindator View Post

It can be hard to think positive when faced with the way the legal system operates but I believe if for a strange reason the case was set aside, you could appeal."

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It proceeds to allocation/directions and then trial...as if it had started again.

We could do with some help from you.

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A bit more info

 

http://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/set-aside-a-judgment interesting the info about lying, re not his sig, fines and prison sentences mentioned.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13 bottom paragraph

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Only the hearing fee...which you didnt pay last time because it was a default judgment.

We could do with some help from you.

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A bit more info

 

http://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/set-aside-a-judgment interesting the info about lying, re not his sig, fines and prison sentences mentioned.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13 bottom paragraph

 

 

Some fast posting going on so here's a bump towards a positive outcome and that you can continue to persue

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Not sure I can do it all over again, let's just hope the judge sees the defendants applicant for the nonsense that it is..

 

You haven't done anything yet CD...getting a Default Judgment is a walk in the park:-D

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And you may not have to...I seriously doubt the set a side will be granted...reading your thread.

We could do with some help from you.

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No determindator...appeals are made to overturn Judgments....not orders such as if a set a side was granted.

 

 

 

" Quote Originally Posted by determindator View Post

It can be hard to think positive when faced with the way the legal system operates but I believe if for a strange reason the case was set aside, you could appeal."

 

Ah yes, hopefully as we all think, it won't get that far.

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Have a look through your paperwork:wink:

We could do with some help from you.

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