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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am the Claimant on a default judgment. The defendant did

Customer Question

I am the Claimant on a default judgment. The defendant did not complete a job and I to get another company to complete it. The defendant has now applied for a set aside. On their witness statement they have lied about their registered office address and they have also admitted in their witness statement and defence to contacting the second company I used to complete the job. I have an email from the second company confirming this, saying that the defendant told them 'You have got us into trouble'. My questions are: 1. will the judge take a dim view of them lying about their registered address? 2. will the judge take a dim view of them contacting the second company and intimidating them?

Lastly, do I need to file any type of OFFICIAL form to oppose the set aside? I have already emailed the court a statement telling them why I oppose it, but am concerned that there is an actual form for this purpose. I am litigant in person.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : When is the hearing and have you submitted a statement in response please?
JACUSTOMER-2g910fvg- :

the hearing is a week today and I have submitted a statement in response

Alex Watts :

Ok - that is fine then.

Alex Watts :

1. will the judge take a dim view of them lying about their registered address? - very dim, especially if you have evidence.

Alex Watts :

2. will the judge take a dim view of them contacting the second company and intimidating them? - Yes indeed the Judge will.

Alex Watts :

Lastly, do I need to file any type of OFFICIAL form to oppose the set aside? - no you just file a witness statement exhibiting any evidence that you have.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-2g910fvg- :

With reference to evidence for the Claimant lying about registered address, the evidence is the date on their application for set aside. Application *said* to have been filed on 10th Dec, application actually received by the court on 30th Dec (and sent back for the inclusion of further copies, re-filed on 7th Jan). Change of reg address on 16th Dec - old address contained in Witness Statement of their Application to set aside. Is this evidence enough of *lying*?

Alex Watts : Yes. Make sure you have the trail.
Alex Watts : Does this help?
JACUSTOMER-2g910fvg- :

Final thing - when does the court deem a document to have been sent to them? So if a document arrives on 10th, when does the court deem that document to have been posted to them?

Alex Watts :

Service is effected 2 working days after posting first class.

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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