Safeloans Ltd vs mike00 - Need to appeal against/set aside County Court Judgement

[AndyOrch]

Threads now merged for history...please keep to one thread per claim mike.Thread title amended.

[mike00]

Hi,

 

I made a new thread because this one seemed to keep getting missed.

 

Can anyone help with this? I have a number of possible reasons to apply for a set aside:

 

1. I was medically unfit to attend court (can get GP evidence) so didn't get chance to defend myself. It would be in the interests of justice to allow me to.

2. Judgement probably doesn't say it deducts any payments I had made to the Claimant between the date they submitted their claim and the date of the hearing, therefore the amount cannot possibly be correct

3. The Claimant promised to withdraw their claim upon receipt of payment from my and the negotiation of an arrangement to pay

4. TBC: My application for adjournment may have not been seen by the Judge

 

Are these good grounds to seek a set aside?

 

The Claimant was willing to settle for a significantly reduced amount after much negotiation. Could this be used too?

[AndyOrch]

The reason to keep it all together Mike is so other posters can see the history of the thread and advise accordingly and also for you so you dont have to keep referring to numerous threads for answers.

 

So he awarded judgment in both parties absence ?

[mike00]

Oh I completely understand the need to keep it altogether, it's just I did seem to get missed last time so if I go for the set aside, I could really use some help to get it all right and score a victory against these cretins!

 

You're right, he awarded Judgement for the Claimant in the absence of both parties, and he also dismissed my counterclaim.

 

It's also worth noting Safeloans are claiming (in an email) that I also owe them legal fees even though these did not form part of the Judgement, and as I understand it, do not generally get awarded in any Small Claims case.

[AndyOrch]

The hearing you wished to vacate mike ...this was the actual trial and the claimant didnt even attend?

[mike00]

The hearing you wished to vacate mike ...this was the actual trial and the claimant didnt even attend?

 

Yes it was. I was shocked when I read the Judgement which started "Upon neither party attending". I was annoyed at myself for not being able to attend, as their absence would have made it much easier for me to defend their Claim and possibly even win my counterclaim.

[AndyOrch]

I did advise it was a necessity...on the Notice of Judgment does it state an option to set a side and how long have you got left if so?

[mike00]

There was no option to set aside. It also required forthwith (14 days) payment to the Claimant.

 

It just seems really unfair that the Claimant can fail to even attend the hearing for their own claim and still win even though the defendant declared himself unfit to attend court and asked for an adjournment.

Edited October 2, 2013 by mike00

[AndyOrch]

Well you can still try to set a side on the basis of the amount is incorrect and does not reflect payments made or failing that issue your own claim against them.

 

Dont pay them any costs if its not referred to in the judgment.

[mike00]

What about the medical basis and the interests of justice? Is that not my strongest angle?

 

With your other idea, are you suggesting to pay in full and then claim back the unfair interest and charges that have been added on?

[AndyOrch]

Medical does not come into justice mike...... as i have advised you all along....they could push me on my death bed into a court room...... I will attend.

 

Secondly yes that's precisely what I'm suggesting.

[mike00]

I received a response from the Court today:

 

I have checked the Court file and, unfortunately, a copy of the application was not taken and placed on file when it was returned to you therefore, the Judge was unaware that you had sought an adjournment. I apologise for this oversight.

 

[AndyOrch]

May be useful then as evidence to support a set a side?