Lending money to a friend.

[Consumer dude]

One day before the charging order hearing and now this..

[caro]

You said the defendants application was adjourned. What exactly does the judgment say and what exactly is tomorrow's hearing about? I thought it was to get the CO.

[Consumer dude]

I meant my application hearing for charging order was adjourned, (am tired)..

[Consumer dude]

I will phone the court in the morning..

[caro]

I meant my application hearing for charging order was adjourned, (am tired)..

 

Ah I get you now. Well he needs to get a set aside before he can defend so don't give up hope yet.

 

Do you have anything else with his signature?

[Consumer dude]

Ah I get you now. Well he needs to get a set aside before he can defend so don't give up hope yet.

 

Do you have anything else with his signature?

 

Oh yes, I know and he knows it is his signature. I have other paperwork with his signature on it. He has run out of ideas and is trying anything to delay. I will just carry on as he is not getting away it. One good thing is his application has cost him £155.00 (I think it was). Welcome to him to the real world..

[determindator]

I will phone the court in the morning..

 

 

Good idea to ensure clarification. Get a name of who you speak too.

 

As Caro says, he's had to engage. I think the signature denial is to put a spanner in the works, he's put himself in a very tricky situation with that. SG has highlighted his problems with such an accusation.

 

Keep the faith CD

[Ganymede]

I will phone the court in the morning..

 

For what purpose?

[Consumer dude]

Case adjourned pending his application to set aside CCJ. In the mean time interim C/O will continue. What does he now have to prove in his set aside application..

[Ganymede]

Case adjourned pending his application to set aside CCJ. In the mean time interim C/O will continue. What does he now have to prove in his set aside application..

 

 

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

Edited June 13, 2015 by Andyorch
Link corrected

[Consumer dude]

I can't see anything that allows for the judgement to be set aside but as always I will be eager to learn..

[SabreSheep]

If he is behaving unreasonably, and you have to attend a hearing for the set aside, always worth asking for your costs Dont ask dont get.

[Consumer dude]

If he is behaving unreasonably, and you have to attend a hearing for the set aside, always worth asking for your costs Dont ask dont get.

 

To be honest with you, it has got out of hand and it is an issue that could have been sorted out over a beer..

[Ganymede]

I can't see anything that allows for the judgement to be set aside but as always I will be eager to learn..

 

What were the circumstances of your judgment again? Was it a default judgment?

[Consumer dude]

The judge looked at evidence supplied by me, he looked at signatures to the amount that was agreed. The defendant did not show up. The judge found in my favour..

[Ganymede]

So it was a final hearing or was it a summary judgment application?

[Consumer dude]

So it was a final hearing or was it a summary judgment application?

 

Am not clear on these terms, A CCJ was the end result, then I went to enforce that judgement so applied for a charging order, was given an interim charging order without a hearing, then one day before the hearing to decide that application I got copy of application to set aside. This application generated a new hearing date and the application for C/O was vacated..

[AndyOrch]

Have to wait and see if his set a side is granted...shouldn't be...then pick up where you left off.......he is simply delaying the inevitable.

[Consumer dude]

Have to wait and see if his set a side is granted...shouldn't be...then pick up where you left off.......he is simply delaying the inevitable.

 

This is what I understand. Should I be expecting any further paperwork from the defendant before that set aside hearing or not. Do I need to answer any further questions before then ?

[AndyOrch]

He or the Court should serve you a Witness Statement and a copy of the application N244...to allow you to respond ...again by way of witness statement ...you dont state in your post #490 if they have...just that he is setting aside

[Consumer dude]

He or the Court should serve you a Witness Statement and a copy of the application N244...to allow you to respond ...again by way of witness statement ...you dont state in your post #490 if they have...just that he is setting aside

 

I received a copy of his set aside application form along with his witness statement. Nothing in that indicates I further need to respond..

[Ganymede]

I received a copy of his set aside application form along with his witness statement. Nothing in that indicates I further need to respond..

 

What are his reasons?

[Consumer dude]

He is claiming that the signature in the document that he had confirmed the amount that he owes me is not his..

[AndyOrch]

I received a copy of his set aside application form along with his witness statement. Nothing in that indicates I further need to respond..

 

It never does ...but you should and are expected to...assuming you object to it...otherwise the court may allow it.

[Consumer dude]

It never does ...but you should and are expected to...assuming you object to it...otherwise the court may allow it.

 

I do object to his application to set aside because he is using delaying tactics in order to avoid paying me..