How many times can a Judgment be set aside for the same reason?

[Weird Al Yankovic]

Hello all. I'm Weird Al and new here.

 

Could somebody please advise?

 

Can a defendant apply for a second set aside for the same reason as given for the first set aside-namely-that they haven't filed a defence?

 

If this will be granted again then surely there must come a point where the Judge has to say enough is enough.

 

Thanks.

[tomterm8]

For the Attention of the Case Manager

 

In the matter of

 

XXX vs Weird Al Yankovic

 

Claim Number XXX

 

In XXX Court

 

 

 

 

 

 

 

 

 

Soliciters Address

 

DATE

 

YOUR ADDRESS

 

 

Dear Sir Or Madam,

 

RE: RESPONSE TO APPLICATION FOR SET ASIDE,

 

I have recieved a application for set aside from the defence, and would like to respectfully submit to the court my reasons for objecting to it:

 

On DATE, the defendant applied for a set aside for a judgement in default to be set aside.

 

The defendant claimed that he was either unable to file a defence, or did not know that the court required a defence to be filed.

 

This set aside was granted.

 

The defendant has again failed to file a defence on time. It has not asked me to provide any clarification or disclosure or to negotiate with me in any way as to the management of the case. Neither did it inform me or the court of any reason for failing to file a defence before the date of the defence.

 

It is clear the defendant was aware that the results of its failure to file a defence in time would result in unnecessary delay, distress, and cost.

 

It seems to me that this behaviour is entirely vexatious and against the Overriding Objectives of the court and since the Defendant was entirely aware of the requirements of the court this application appears to be vexatious.

 

I would therefore ask the court to reject the defendants application, and consider a Civil Restraint Order against him.

 

Yours Sincerly,

 

XXX.

[Weird Al Yankovic]

Wow, excellent! Thanks buddy.

 

What are the chances of the court agreeing to this tom?

[tomterm8]

Wow, excellent! Thanks buddy.

 

What are the chances of the court agreeing to this tom?

 

Reasonable. Even if the court ignores it, if the defendant then loses, then they're in deep ... stuff:)

 

if they do it again, after this, they'd probably be found in contempt of court... and have a nice spell inside.

[Weird Al Yankovic]

Sorry to bother you again tom.

 

Could I mention the fact that it is my very strong beleif, which I have proof of, that it would also be in the public interest for me to gain judgment so that I can follow up a complaint I have with the OFT about this company?

 

It appears the OFT, although interested, are awaiting some solid basis to get involved as there are several claims going in to the courts about the same complaints against this company.

[tomterm8]

Sorry to bother you again tom.

 

Could I mention the fact that it is my very strong beleif, which I have proof of, that it would also be in the public interest for me to gain judgment so that I can follow up a complaint I have with the OFT about this company?

 

It appears the OFT, although interested, are awaiting some solid basis to get involved as there are several claims going in to the courts about the same complaints against this company.

 

Frankly, in that case, it might be better to allow the case to go to court, so everything goes on the record.

 

Up to you, of course...

[Weird Al Yankovic]

I guess so. It's a toss up between financial struggle v public service.

I may just have to send your letter and hope for the best and then pursue with the OFT.

 

Thanks for your help.

[powelll]

Subscribing to wish you luck - let us know how you get on ( Great advice as usual Tomterm8 )

[Weird Al Yankovic]

Will do. It's a financial company too but I can't obviously go into it much.

 

I imagine I will be able to name and shame in the future if I ever get judgment though? After all, it would only be the truth.

[Jeff2000]

Hello Weird Al,

 

 

Very interesting! Do keep us all informed!

 

 

Best wishes, Jeff.

[itsamomentintime]

Will do. It's a financial company too but I can't obviously go into it much.

 

I imagine I will be able to name and shame in the future if I ever get judgment though? After all, it would only be the truth.

 

 

nice one.

 

remember, the truth cannot be libellous!!