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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In an English Court I have had a judgement entered against

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In an English Court
I have had a judgement entered against me (I am told by the Court an Interlocutory Judgement) at a hearing for which I had no notice sent to me.
The amount of judgement was for £2,700.00 of which I dispute £500.00. I have applied for the judgement to be set aside on the grounds that A) I did not receive a notice of the hearing by either the court or the Claimant.
B) I dispute £500.00 of the original debt.
C) I have had no information/documentation from the Claimant whatsoever
What is my best approach to a hearing to hear my application on June 15th
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

Is this Judgment in default you have got against you?
Alex

Customer: replied 1 year ago.
In effect yes.
There was a small claims hearing and I did not attend as I did not have any notice from either the court or the claimant.
The judgement was that I had, within 15 days to pay the claimant the money they were owed and costs.
I was told by the court when I received the notification of judgement that it was an interlocutaory judgement?
I immediately made an application to set aside the judgement on thebasis that i did not receive any notifcation and I dispute the amount claimed and that teh claimant never served any papers on me.
Expert:  Ash replied 1 year ago.

Thanks. What is it you would like to know about this from me today please?

Alex

Customer: replied 1 year ago.
I am tryign to establish whether in English Law, my application as stated above is sufficient for the judge to grant my application to set aside the original judgement or is there anything else I need to do/say? What is the case law for setting aside such a judgement?
Expert:  Ash replied 1 year ago.

CPR Part 13 applying to set applies to a Judgment in default.

You are seeking to appeal or set aside on the basis you didnt get any paperwork.

You can set aside on the basis you didnt get the Court paperwork, but even if Judgment is set aside bearing mind you accept all but £500 then the Claimant can enter Judgment for £2,200 and have a trial on the £500.

But on the basis you didnt get any paperwork means you should be able to set aside.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
Hi Sorry for the delay in getting back to you.
As this was a hearing listed, at which I did not attend because I wasnt made aware of it. The Claimant did attend and got the judgement against me issued. Can this be declared a judgement in Default? Or just a general Judgement in which I was ordered to pay the Claimant their monies without my attendance or any form of defence. Hence why I am applying for the Judgement to be set aside.
Expert:  Ash replied 1 year ago.

No it wont be Judgment in default, sorry if I didnt make that clear.

This is Judgment after a hearing.

Does that clarify?
Alex

Customer: replied 1 year ago.
Hi Alex, does this mean that my ability to set aside is restricted?
Expert:  Ash replied 1 year ago.

No. If you didnt get the paperwork, therefore the Court ought to hear it again.

Does that clarify? ALex

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