Lending money to a friend.

[AndyOrch]

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.

[Consumer dude]

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..

[AndyOrch]

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

[determindator]

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.

[AndyOrch]

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

[Consumer dude]

Well, I believe I have followed correct process and I believe the defendant has not. I have never really understood how the law in that situation could take his side but we live in strange times. I can only hope that justice is done and the set aside is refused..

[Guest]

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.

[Consumer dude]

Is not one of the requirements of CPR that any application to set aside is that the application to do so must be done promptly which in this case has not..

[determindator]

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.

[AndyOrch]

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."

[Consumer dude]

So if a set aside was granted, not just in my case, but in any set aside application, what position would the case then be at ?

[AndyOrch]

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

[determindator]

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

[Consumer dude]

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

 

Would the claimant have to pay again..

[AndyOrch]

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

[determindator]

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

[Consumer dude]

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

 

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..

[AndyOrch]

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

[AndyOrch]

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

[Consumer dude]

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

 

That's some comfort to read, I would probably cry if the set aside was granted. Witness statement send out this week..

[determindator]

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.

[Consumer dude]

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

 

I did pay one 210.00 and one 335.00. What were those fees then..

[AndyOrch]

Have a look through your paperwork:wink:

[Consumer dude]

Have a look through your paperwork:wink:

 

On post 571 you said hearing fee had not been paid, so that was what I was referring to..

[Consumer dude]

Just been checking again paper work, it was five months from the time CCJ was given and application to set aside was made..