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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am being chased debt that was incurred by a business

Resolved Question:

I am being chased for a debt that was incurred by a business but I am being taken to court personally, the claimant received judgement previously as he had sent the claim form to the wrong address so I had the judgement set aside. A further hearing took place whereby the judgement has been entered again, I was unable to attend as my son was ill and I provided the court with proof of this. Furthermore the claimant has never served me with the original claim and refused to send me the evidence that he was due to rely on in court which prevented me from providing a defence.
I wish to have this judgement set aside am I able to claim the costs of incurred as these are now considerable and will the court allow me a further hearing to set the judgement aside?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

If Judgment was already set aside once, why did you not file a defence please?

Alex Watts :

Is this the second Judgment in default?

Customer: It is a second judgement in default.
Customer: I was unable to file a defence as I do not know what I am defending? With regards ***** ***** judgement this was set aside as a result of the claimant sending the claim to the wrong address. I have never received any particulars of the claim and the claimant is refusing to send them to me.
Alex Watts :

So you have never been sent a copy of the claim form?

Alex Watts :

At the last hearing did the Claimant not give you a copy there? Did you say to the Judge you never had a copy?

Customer: No they did not, the judge specifically told the claimant that he must provide within 14 days of the new hearing all evidence that they wish to rely upon. I have chased the claimant for this by email and they have refused to provide it. With regards ***** ***** original claim can they still claim for these costs even though the original was set aside and can I claim for my costs in having it set aside.
Alex Watts :

Was it in the Order that C must provide the claim form and particulars?

Customer: I'm not sure I would need to check but I don't think so.
Alex Watts :

Ok - its quite important because if he did not and the Judge ordered it, then he is in default.

Alex Watts :

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

Alex Watts :

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.

Alex Watts :

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?'

Customer: Okay great can I claim for the original costs of setting aside and would the claimants original costs still stand?
Alex Watts :

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

Alex Watts :

You can ask the Judge for those costs to be set aside.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: I have a copy email confirming he has refused to send me any information.
Customer: thank you.
Alex Watts :

Ok - then make sure you send this to Court in advance of the hearing so the Judge has this.

Alex Watts :

You need to appear as reasonable as possible

Alex Watts :

Can I clarify anything else for you?

Customer: No that's brilliant thank you.
Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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