faulty steam shower - default Judgement set aside by defendent 3 months after issue ***Judgment attained***

[Guest]

ok. def wld still have to send to you their full witness statement prior to the hearing. if they are to comply with cpr rules that is.

[Guest]

they applied for set aside without a hearing.

 

 

but court has decided there will be a hearing.

 

 

you have the order re that, what does that say?

 

therefore, unless ordered otherwise, normal cpr rules would apply

 

 

re set asides and disclosure for such a hearing.

 

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

[intree]

these are the orders :

[intree]

SO do I need to prepare a witness, I just want to see how to deal with this the most appropriate way!

[Guest]

cheers

did they apply/vary within those 7 days re the change of name?

[intree]

Yes they did apply for the set aside on the 7th February 2015 and the order was made on the 2nd February 2015, but they knew about the claim, as it was in the other name Heatandplumb.com, also of the same address and same management, so don't know why they have said they did not receive the originals Orders or paperwork!!

 

 

If they don't attend the Hearing, on the 6th March, can I ask for costs as it will cost me time and effort to deal with this and I have to take someone with me to drive me there!

[Guest]

SO do I need to prepare a witness, I just want to see how to deal with this the most appropriate way!

 

 

its their application. imo wait for their WS. as andy mentioned.

but keep in mind the poss issues.

[intree]

Re: default Judgement - now being asked for set aside by defendent 3 months after issue

Yes they did apply for the

set aside

on the 7th February 2015 and the order was made on the 2nd February 2015, but they knew about the claim, as it was in the other name Heatandplumb.com, also of the same address and same management, so don't know why they have said they did not receive the originals Orders or paperwork!!

 

 

If they don't attend the Hearing, on the 6th March, can I ask for costs as it will cost me time and effort to deal with this and I have to take someone with me to drive me there!

[Guest]

Re: default Judgement - now being asked for set aside by defendent 3 months after issue

Yes they did apply for the

set aside

on the 7th February 2015 and the order was made on the 2nd February 2015, but they knew about the claim, as it was in the other name Heatandplumb.com, also of the same address and same management, so don't know why they have said they did not receive the originals Orders or paperwork!!

 

 

If they don't attend the Hearing, on the 6th March, can I ask for costs as it will cost me time and effort to deal with this and I have to take someone with me to drive me there!

 

thats something to challenge, they obviously rec'd stuff. so, negates any set aside argument re nothing rec'd.

yes, can, and do, ask for costs. if they do turn up and it still goes in your favour ie no set aside, still ask for yr costs.

[AndyOrch]

I don't think there will be any Witness Statement ...that's it in your upload....Intree if you could provide a time line of events...

 

 

Date of claim xxxxxxxx

 

Claimants Name xxxxxxxxxx

 

Particulars of Claim xxxxxxxxx

 

Date of default judgment

 

Date of General Order defendants Name change xxxxxxx

 

Date of application to set a side xxxxxxxx

 

Its just make it easier on the eye to see it at at glance

 

Andy

[Guest]

oh ok. dont they themselves have to serve a WS to intree, as you mentioned prior?

[AndyOrch]

They should submit supporting evidence Ford....it can be a WS but I would assume from their lack of knowledge of how court claims work...thats it.

[Guest]

[intree]

To Court on Friday for Hearing at 11, I am not sure how much I AM ABLE TO CLAIM, I have been looking at the following : 4 Hours Research, 4 Hours time to attend court, travel at £18.00 per hour and also the application fee for the change of name which was £50, this comes to a total of £194.00 is this reasonable ? and will I have to send this to the Court by email 24 hours before their application is heard, and would I ask for this due to the unreasonable delays caused by the defendant?

 

 

Thank you

[intree]

Hi just another point, I have also had to pay a £60 fee to have the claim transferred up to the High Court for collection by the Bailiffs, this is not being actioned, as the claim is on hold, pending the outcome of the Court application by the Defendants, but can I add this fee which has been paid to the £194 above, so the total costs claim would be £254.00

[citizenB]

I think you can reclaim all those costs, intree and yes - it does look very reasonable However, I will ask andyorch to confirm.

[intree]

thank you

[citizenB]

intree, please see andyorch reply below... my apologies, I was wrong..

 

This is a set a side hearing on a default judgment CB...he is the claimant...there are no costs in SCT....

 

 

Could possibly ask for costs on dealing with the application and having to attend the set a side hearing.Time off work £90 plus travel and parking

[Guest]

cheers citb/andy

[intree]

Hi all

 

went to Court,

wasted 2 hours there only then to be told other side not coming,

but the judgement will be set aside as the Deputy District Judge was wrong not to reissue the claim and has dispensed the re-service

 

 

- In the District Judges Opinion this was wrong,

they then found the 3 amended copies of the application I submitted in 2012 (December)

AND asked me to confirm it was ok to reserve the claim,

they allowed the £50 for service to beaded to the claim and will re-issue on Monday, this will give them 14 days to respond again.

 

I argued that the address was the same for all 3 Companies, The DJ just said as its a Ltd Company has to be re-issued no ifs or buts!!

 

Asked for costs as above for 4.5 Hours @ £18.00

she rejected these as stated no costs allowed in small claims,

wait for the response - ITS A JOKE THIS LEGAL SYSTEM!!!

[citizenB]

Very sorry to hear this intree

[intree]

Hi CitizenB

 

The legal system is unfair and unusable by the LIP,

I had heard two others whom were not represented come out with the same type of problem,

 

 

on one the other sides solicitor was awarded costs of £400 for attending the Hearing in regards faulty refrigerator,

defended by the retailer through a solicitor, and

 

 

the other was a LIP against a builder,

the builder went bankrupt two days ago, before the claim was heard today,

so the claim was worth £14000 now they have nothing!!

 

WHAT IS THE POINT OF LIP ACTING WHEN THE DISTRICT JUDGES TREAT THEM WITH CONTEMPT!!

[citizenB]

I can only speak from my own experience when I issued a claim against LTSB for non compliance of my Subject Access Request.

 

Over 2 hearings I was fortunate to have two High Court Judges who were on Circuit duty. They were both very respectful and pretty much did all the work for me. Needless to say I had gone well prepared with help from the guys on CAG and I think that makes all the difference... sometimes.

 

I would mention that at the final hearing, the Judge did award me costs, but that was apparently due to LTSB "being unreasonable".

[Guest]

thats one of things with our soft company law. eg can close down, change names/addresses, get rid of creditors, and then start up again the same the next day!

yeah, re post #40, small claims costs are generally restricted. worth asking for though if other side has been unreasonable. did you ask for expenses?

seems odd they decided to respond to the info to set aside, but not the claim, which wld've been the same address!

anyway, they now have 14 days?

[intree]

Hi Ford

 

she denied the expenses as she said they are not allowed in small claims,

she was just being very awkward,

I thought they had been unreasonable for exactly the same reasons given

- no response since October etc etc,

 

 

she confirmed that those matters are no longer live as the claim has been re-issued in a new name,

this claim is back to page one, what happened before this date is no longer relevant!

 

 

I informed her that the claims all went to the same address etc, she advised me

"if you come to Court to represent a claim, then make sure you know what happens??

 

We now have 14 days

- they are stating that they have not have time to respond under the Ltd. name, so they have this,

but the fact that they will state they do not owe the money is more than concerning,

as they are trying to state that the Supplier went bankrupt and they could not honour the Warranty??

 

I informed the Judge that the Retailer would be responsible for the sale under the Sale of Goods Act 1979,

she advised that's not a issue here and we will see how you assisted the Company in resolving this, before putting in the claim!!!

 

As I say its a Joke!