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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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. I took a tenant to court and won payment of

Customer Question

Hello. I took a tenant to court and won for non payment of rent. He appealed and the judge said he would set aside judgement if he submitted a statement / defence . He sent a letter and the judge decided this was not a sworn defence etc and made the judgement final
I eventually enforced this via third party debt which was again made final and I was paid from his bank in October last year
Today I received a notice of hearing ! He has applied to get the judgement set aside and file a defense - 5 months after it ended
I haven't kept all the documents and evidence and I know he wants to file a defence and counter claim. What can I do and why is the court even doing this ?
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 : For now please let me know whet the hearing is for please?
JACUSTOMER-obvepczt- : Hello. It's April 10th
Customer: replied 2 years ago.
Relist: Incomplete answer.My question says answered however it wasn't I replied on live chat - hearing is April 10th
Customer: replied 2 years ago.
Relist: Inaccurate answer.
Expert:  Ash replied 2 years ago.
The reason you are experiencing a delay is because you keep relisting it.
Has the judgment been paid in full? On what basis is it being defended?
Customer: replied 2 years ago.
I relisted it after it was deemed " answered " and it wasn't ! Judgement was paid in full on 24th October by HSBC He wants it relisted as he says he didn't understand what a statement was as he isn't a solicitor and can't. Afford one . He says he now has a Mckenzie friend. Although last time he had CAB advise !He says he wants to be able to defend as he feels " he has a chance of winning " but hasn't said why - last time he said something about his deposit protection - ( load of rubbish )
Expert:  Ash replied 2 years ago.
You do not need to worry. In order to set aside he needs to show that:
1) He has a realistic defence
2) He acted promptly
Bearing in mind he has paid you, therefore he has no defence, otherwise he would not need to pay you. Secondly he needs to apply prompt to set aside which is generally 30 days.
As it has been over 30 days any defence would fail. Therefore the Court is unlikely to set it aside.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 2 years ago.
Hi
I am just following up on this. Is there anything else I can help with? If so, please let me know.
Alex.
Customer: replied 2 years ago.
No thank you
Expert:  Ash replied 2 years ago.
Great. Happy to help.
Alex

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