How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69546
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

AS A PLAINTIFF HOW CAN I GET A JUDGEMENT SET ASIDE.THE NOTIFICATION

Customer Question

AS A PLAINTIFF HOW CAN I GET A JUDGEMENT SET ASIDE.THE NOTIFICATION OF THE HEARING WENT ASTRAY AND I DID NOT RECIEVE IT UNTIL AFTER I RECIEVED THE JUGEMENT
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is this the small claims court?
Customer: replied 1 year ago.

APPLICATION FOR POSSESSION SEC 21 4A ACCELERATED

Expert:  Jo C. replied 1 year ago.
Are you the tenant?
Customer: replied 1 year ago.

I SHALL GIVE YOU THE WHOLE HISTORY

I SERVED THE TENANT WITH A SECTION 21 4A AFTER THE EXPIRY DATE I PUT THE N5B COURT DOCS FOR ACCELERATED PROCEDURE . I RECEIVED JUDGEMENT FOR THE 20TH OF MAY 2015. THE DEFENDENTS SOLICITOR APPEALED AND ASKED FOR A HEARING WHICH WAS SET FOR THE 6TH OF MAY. THE DEFENDENTS SOLICITOR THEN PHONED UP THE COURT SAYING SHE WAS NOT AVAILABLE ON THAT DATE. A SECOND DATE WAS SET, THE 14TH OF MAY. I IMMEDIATLY WROTE TO THE COURT EXPLAING THAT I WOULD BE OUT OF THE COUNTRY ON THAT DATE AND ASKED FOR ANOTHER DATE . I RECEIVED NO REPLY TO MY LETTER . THE HEARING WAS HELD WITHOUT ME AND THE JUDGEMENT WAS SET ASIDE . I RECEIVED A LETTER TO THE EFFECT THAT A HEARING WOULD BE HELD AFTER THE 27TH OF AUGUST .I RECEIVED A FURTHER LETTER ASKING ME TO SUBMIT

Expert:  Jo C. replied 1 year ago.
That is not good news I’m afraid.
I understand why you are frustrated as the law is outrageously biased in favour of tenants in the UK.
However, this isn’t really the best case for setting aside judgment. Come what may, you knew about the hearing. I realise you wrote to them but the absence of reply probably indicates they didn’t act upon it or didn’t get it.
You may as well try to set it aside. You are assisted by the fact that it was moved to accommodate the defendant’s solicitor which is outrageous given that , if they propose to try to do the job of a barrister, they need to arrange cover within the firm or possibly even consider instructing the Bar. If you can produce the letter you sent then that would be supportive.
You will find the procedure here
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13
but you are basically arguing under 13.3 that there was good reason to set it aside.
If that does fail then you can always appeal on the basis of error in law or in fact or against the weight of the evidence but try setting aside first.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69546
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

I RAN OUT OF SPACE.TO CONTINUE. SUBMIT A QUESTIONAIRE BY THE 18TH OF JULY WHICH I HAND DELIVERED TO THE COURT.ON THAT DATE

I THEN RECEIVED A NOTICE OF JUDGEMENT FROM THE COURT FROM A HEARING I KNEW NOTHING OF, SAYING THAT I HAD FAILED TO APPEAR AND AND FAILED TO PUT IN THE QUESTIONAIRE UNTIL THE 19TH OF JULY. I WAS ALSO INSTRUCTED TO PAY THE DEFENCE COSTS. ABOUT TWO DAYS LATER I RECEIVED THE NOTIFICATION OF THE HEARING WHICH HAD ALREADY BEEN HELD THIS IS THE JUDGEMENT I WISH TO SET ASIDE I WROTE TO THE JUDGE AND STATED THAT I HAD BEEN UNFAIRLY TREATED HIS REPLY WAS TO APPEAL

Expert:  Jo C. replied 1 year ago.
But if you asked for the date to be moved then you must have been notified of it?
Customer: replied 1 year ago.

THE NOTIFICATION ARRIVED AFTER THE HEARING .I HAVE RECEIVED DELAYED LETTERS ON PREVIOUS OCCASIONS.

I LIVE IN ST ANDREWS CLOSE AND FOR SOME REASON THE LETTERS ARE DELIVERED TO ST BRIDGETS CLOSE WITH A DIFFERENT POST CODE .UNTIL THEY DECIDE TO REPOST THE LETTER WHICH CAN BE ANYTIME I DO NOT RECEIVE THE LETTER.

ANYONE WHO DEALS WITH THE POST OFFICE ON A REGULAR BASIS AND WHO HAS HAD FAMILY THAT HAVE WORKED THERE WILL KNOW HOW MUCH CASUAL LABOUR IS USED IN THE SORTING OFFICE

Expert:  Jo C. replied 1 year ago.
Oh yes, that does certainly happen.
But you applied for the date to be varied so you must have known about it?
Customer: replied 1 year ago.

YOU ARE MISSING THE POINT THE DATE I ASKED TO BE VARIED WAS THE 14TH OF MAY WHICH WENT AHEAD WITHOUT ME.AT WHICH THE JUDGEMENT WAS SET ASIDE. THE NEXT LETTER GAVE ME A DATE AFTER THE 27TH OF AUGUST FOR A HEARING.THE LETTER FOR THE SUBSEQUENT HEARING IS THE ONE THAT WENT A STRAY WHICH WAS A HEARING ON THE 14TH OF JULY

Expert:  Jo C. replied 1 year ago.
If you didn't receive notification then that is a ground to set aside.
It is the same procedure and the same challenge that I gave you above though.
Customer: replied 1 year ago.

I AM LEFT WITH THREE CHOICES

SECTION 8

SECTION 21 AGAIN

OR APPEAL

THE DIFFERENCE IN TIME AND COST IS NEGLIGABLE

I SHALL JUST HAVE TO PAY COSTS AND CONSIDER MY OPTIONS

Expert:  Jo C. replied 1 year ago.
No, you can apply to set judgment aside?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice