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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have filled a claim with the money claim online service.

Resolved Question:

I have filled a claim with the money claim online service. The defendant failed to respond to the claim within the allotted time to enter a defence and a judgment has been entered against them by default. They are now asking for the judgement to be set aside because they haven't been able to respond. Can they do this?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Yes, they are entitled to apply to set aside the judgment however it is usually difficult to do this and they need to provide firm evidence as to why they did not engage with the process, missed any hearings and if the court think they have a real chance of a successful defence to the claim.

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Customer: replied 1 year ago.
To confirm, the most probable outcome, even if the judge thinks that their defence is valid is that the judgement will stand as they cannot provide from evidence as to why they did not engage?
Expert:  Harris replied 1 year ago.

For clarity:

The court must set aside a default judgement if they:

  • have paid the whole amount owed (including any interest and costs) before the date you entered judgment;
  • sent back the acknowledgment of service form within the time limit;
  • put in a defence within the time limit; or
  • sent in the reply form within the time limit asking for more time to pay.

The court must set aside the judgment in these circumstances, even if you do not have a defence.

The court may agree to set aside a default judgment even if they did not send in a reply form within the time limit if:

  • the court thinks they have a real chance of a successful defence to the claim; or
  • the court thinks there is some other good reason why the judgment should be set aside.

Therefore in your situation, despite them not engaging the only way that their application will progress is if the court thinks they have a good chance of a successful defence or any other good reason the judge may think.

Customer: replied 1 year ago.
The situation arose when I payed £2,250 to a training firm and had to cancel 4 hours later due to a member of my family falling ill. I conveyed this to the company immediately and offered to take a partial refund as a good will gesture as I believe they had already paid for the hotel and I believed it would be difficult for them to cancel this at short notice. I was told they would not be offering me a refund and had no response from several emails after that. I then notified them of my intention to seek legal action if they failed to answer and still did not email me back. I then emailed them once I filled my claim with county court on the ground that as the sale was made over a distance I am entitled to a 14-day cancelation period with a full refund. They failed to reply to me or make contact with the court until I emailed them with the judgement entered against them today.
Customer: replied 1 year ago.
I have attached the claim form
Expert:  Harris replied 1 year ago.

Thank you - they will have to state their case in the application to set aside and the court will consider this. If they have any prospects to defend (it will likely be dependant on their terms and conditions) then the judgment may be set aside and in that case it will be listed for your original claim to continue and the matter will be relisted for hearing.

Customer: replied 1 year ago.
They are claiming that they may not be easily be able to fill or resell if they were to refund my place. However I was advised at the time that I had to pay there and then as the place on that course would close and I or anyone else would not be able to book on after that point. If they are now claiming that they could resell this place could I claim of being miss-sold or pressured into the sale?
Expert:  Harris replied 1 year ago.

Do you have their written terms and conditions as that will take precedence

Customer: replied 1 year ago.
Attached terms and conditions.
Expert:  Harris replied 1 year ago.

Thanks, ***** ***** are not helpful as they specifically state that fees are non-refundable and therefore it will be for the judge to decide if their terms and fair and reasonable

Customer: replied 1 year ago.
Thank you for your help.