Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2589 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I got a MCOL default judgement against a company and they have applied for set aside.

 

I know they can't be claiming they didn't receive the claim because they phoned the court as soon as they got the judgement and claimed they had responded in time.

 

I've got a one liner from the court just saying it's been transferred to my local court for a set aside hearing

and I'll be informed of further details in due course.

 

I have no idea how the process works at this stage so I'd be really grateful if someone could answer the following

- and let me know anything I've failed to ask :)

 

I thought a set aside hearing would be in the defendant's local court.

Is it normal for it to be transferred to the plaintiff's?

 

Is the excuse that their response was lost in the post a reason for set aside?

 

Do you have to give a reason or do you just pay your money and the process starts?

 

Does the plaintiff get invited to a set aside hearing and if so would it be wise to turn up with all our evidence as it may turn into the actual case being heard?

Link to post
Share on other sites

Claims would be automatically transferred to the Defendant's home court if an individual, but you are suing a company.

 

There should be some sort of reason on the N244 they filed to try and have the judgment set aside. If you don't have a copy of this you should try to get one from the court.

 

You would normally be invited to the set aside hearing. If they are successful the case would normally be booked for a proper hearing. However you should bring your evidence and you should be prepared. To be successful the Defendant will need to convince the court that he has a reasonably arguable defence, if you can convince the judge that their defence is spurious that would reduce the chance of a set aside.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Thank you steampowered. I half expected them to apply for set aside as it seems it's regarded as normal for companies to ignore a claim and only react to a judgement. If they are successful are we at risk of having to pay their costs for the set aside hearing? The application cost doesn't worry me but they will have to travel about 200 miles and I don't suppose they'll go out of their way to book cheap advance train tickets. It could run to hundreds, in fact all told it will for sure cost them more than we claimed.

 

One more question, if they are unsuccessful does the original date of judgement stand?

Link to post
Share on other sites

I don't see what basis there would be for you to be ordered to pay costs. If they received the claim but failed to respond properly that is surely their fault. If anyone should be claiming costs for this hearing it is you, possibly regardless of the outcome.

 

In theory a costs award against you is possible, but the only examples I can think of in a situation like this would be a situation where you intentionally served proceedings on the wrong address to get a default judgment oryour claim is totally spurious.

 

If they are unsuccessful then yes the original judgment stands.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Thank you. I'm as sure as I can be the claim wouldn't be considered spurious and the address was definitely correct. They've even admitted they got it.

Link to post
Share on other sites

Prepare all your evidence and serve it on the court and other side (Look at the CPR to find out time deadlines for set aside cases), also put in your Summary Asessment of Costs for this, see here > http://www.justice.gov.uk/courts/procedure-rules/civil/contents/form_section_images/pre-action_protocol/housing_disrepair_pdf_eps/prot_house_anx_f.pdf you can charge £18 per hor for work done and time spent at court (or more if you can prove you lost it, if your time off work is more than £18 ph).

 

As it no doubt has already been allocated to small track, then the above costs dont technically apply but it doesnt hurt to ask, its more likeley you would only be able to get travel expenses and time off work upto a max of £90. You should be ntitled to costs should they be succesful or not.

 

If they dont get a set aside then theyll owe you the original judgement and costs for the set aside (if given).

 

If they get set aside, there should be any costs against you and case will go to trial.

Link to post
Share on other sites

 

If they get set aside, there should be any costs against you and case will go

to trial.

Thank you andydd. Please tell me that line should read "there shouldn't be any costs ......."

Link to post
Share on other sites
Prepare all your evidence and serve it on the court and other side (Look at the CPR to find out time deadlines for set aside cases), also put in your Summary Asessment of Costs for this, see here > http://www.justice.gov.uk/courts/procedure-rules/civil/contents/form_section_images/pre-action_protocol/housing_disrepair_pdf_eps/prot_house_anx_f.pdf you can charge £18 per hor for work done and time spent at court (or more if you can prove you lost it, if your time off work is more than £18 ph).

 

As it no doubt has already been allocated to small track, then the above costs dont technically apply but it doesnt hurt to ask, its more likeley you would only be able to get travel expenses and time off work upto a max of £90. You should be ntitled to costs should they be succesful or not.

 

If they dont get a set aside then theyll owe you the original judgement and costs for the set aside (if given).

 

If they get set aside, there should be any costs against you and case will go to trial.

 

 

 

 

The claim won't be allocated to any track yet as it was a default judgment and a Judge won't have seen the claim yet.

 

The claim won't be allocated until after the Defence is served and Directions Questionnaires filed.

Link to post
Share on other sites

Oh lordy, I've just thought of another question. I'm beginning to feel a real nuisance.

In essence this is a claim for unpaid wages so part of the evidence is bank statements showing that money paid has not matched payslips. Will it be OK to redact copies of the bank statements prior to court but state there will be unredacted statements available in court? Obviously the other side won't be happy and could reasonably claim we have blacked out payments they have made but I'm very unhappy at them seeing months worth of my financial transactions which are nothing to do with this case.

Link to post
Share on other sites

Yes I meant shouldn't and if it's not allocated yet then you can claim for full costs.

 

Dunno about redacting bank statements, would be better if you didn't although I think there is something in the CPR about this.

Link to post
Share on other sites

You are suppossed to take originals of any docs to court so maybe you could send redacted ones to court & other side, but on the day have the unredacted originals just in case.

Link to post
Share on other sites

There is no need to provide any bank statements at this stage. Though I guess they would be helpful as evidence for the set aside hearing (you should get directions for the set aside hearing and it would be wise to serve a short witness statement). If the set aside is successful and the case is booked for a full hearing, directions for disclosure will be given. There is usually a disclosure order in small claims track, but it is limited to serving the documents on which you wish to rely on court not the kind of general disclosure required in fast track and multi track cases.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Thanks steampowered. The bank statements are important as they are the record of what was (and therefore what wasn't) paid so it's understood they must a complete record in court.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...