Lowell accepted to set aside default judgement but a hearing had been set? Why?

[lineol]

Hi,

I am new to this forum and new to legal terms

and I am confused with what happened in court today.

 

Someone please help me understand?

 

Here is the story.

I received an attachment of earnings order for a default judgement I knew nothing about.

 

I enquired and found out that Lowell had applied to court a few months earlier and got the default judgement as I did not get any paperwork.

 

Further, I had written them with CCA request but they never replied

I thought that it is over and done with.

 

I applied to local court to set aside the judgement with a witness statement and defence

where I explained to court about their dirty tricks and made up evidence etc.

I sent all of those documents to Lowell as well so that they could put their side of story in court.

 

what I did not understand was that a day later, they wrote to me with a signed draft order

accepting to set aside the default judgment, withdrawing their AoE order application,

and paying me court fees, then asking the court for permission to reply to my defence

I thought that was a trap

 

I went to court the next day, where I thought that the case would have been heard

and judge making a decision.

 

that was not the case, and Lowell hired a local solicitor to put to court the things they said in their letter,

 

judge said to me that was easy and struck out the judgement and AoE order,

then set a date for next hearing.

I am very confused

 

have two questions;

 

1. Why the Lowell accepted to set aside judgement and AoE order?

2. Why the judge set another hearing to hear the case when he had already quashed the judgment?

 

I hope someone could answer the above two question.

 

Thanks

[dx100uk]

AFAIK a successful set aside simply puts the case back to the start

so basically you start again, as if you've just received the initial claimform.?

[Guest]

yes. set aside goes back to the beginning

you should have/get an order with directions from the court re whats happening next.

[lineol]

Thank you for answering the second question,

but could someone please answer the first question

that 'Why did they not defend their claim,

and let the court to set aside judgement and paying me back £155?'

 

 

Another question arises that if they eventually win the case at next hearing,

then can they add all the fees already incurred previously to their claim?

[Guest]

maybe they agreed prob cause they acknowledge they sent the claim to the wrong address/did things wrong?

[dx100uk]

I cant see how they can add any fees they've paid for themselves.

 

when did you last send the CCA?

 

if you still have a copy of the claimform

fill this out please...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

[lineol]

maybe they agreed prob cause they acknowledge they sent the claim to the wrong address/did things wrong?

 

They went to court before replying to my CCA request which I believe was illegal,

 

 

and also there was no date of credit agreement in their original summons,

 

 

which I requested from court.

 

 

Could there be a possibility that they may not pursue the case in the light of the above?

[dx100uk]

cant be illegal its a civil case

so unlawful

however theres nowt to stop them taking you to court no.

 

 

what was the original debt, original creditor and type of credit?

 

 

when was that CCA request

 

 

get that link filled out please and return the Q&A here.

 

 

dx