Hello my name is ***** ***** I will help you with this.
If Judgment was already set aside once, why did you not file a defence please?
Is this the second Judgment in default?
So you have never been sent a copy of the claim form?
At the last hearing did the Claimant not give you a copy there? Did you say to the Judge you never had a copy?
Was it in the Order that C must provide the claim form and particulars?
Ok - its quite important because if he did not and the Judge ordered it, then he is in default.
If he did not supply it then you can still set aside because the court rules says that you can set aside a Judgment in default if you can show that any defence has a prospect of sucess
As you dont know what the claim is about and C has not provided the claim or particuilars you do not know what you are defending.
You should write now recorded delivery to C and ask for a copy of the claim for and particulars. Then when you go back to Court you can say to the Judge 'look I asked and C never provided them. How can I defend a claim that I do not know what it is about?'
But ask for this and make sure you either keep it recorded delivery or if you have already asked by email a read receipt and delivery receipt
You can ask the Judge for those costs to be set aside.
Can I clarify anything for you about this today please?
Ok - then make sure you send this to Court in advance of the hearing so the Judge has this.
You need to appear as reasonable as possible
Can I clarify anything else for you?
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