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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70708
Experience:  Over 5 years in practice
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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: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years 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 2 years ago.

APPLICATION FOR POSSESSION SEC 21 4A ACCELERATED

Expert:  Jo C. replied 2 years ago.
Are you the tenant?
Customer: replied 2 years 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 2 years 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. and other Law Specialists are ready to help you
Customer: replied 2 years 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 2 years ago.
But if you asked for the date to be moved then you must have been notified of it?
Customer: replied 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 2 years ago.
No, you can apply to set judgment aside?