Customer issued court proceedings against us (small family run garage)

[Emz0305]

Shall I just post everything that I have from the court into this thread?

[Mike_hawk]

Shall I just post everything that I have from the court into this thread?

 

If you're ok with that it would be helpful, remember to remove any personal identifiers

[Emz0305]

Ok will have a go at doing that now. Should I remove the judges names too as well as claimant and defendant names? Sorry for all the questions

[Mike_hawk]

Ok will have a go at doing that now. Should I remove the judges names too as well as claimant and defendant names? Sorry for all the questions

 

Yes please, remove anything which contains personal details of anyone involved in the case

[Emz0305]

I've managed to upload these so far, but having a bit of trouble uploading the Claimants set aside application and the notice of hearing

[Emz0305]

[ATTACH=CONFIG]49509[/ATTACH]

 

[ATTACH=CONFIG]49510[/ATTACH]

 

Thats all the court documents. The only think that I didn't include was copy of our application for a set aside that was granted.

[Emz0305]

Sorry not sure what happened to the Claimants Application for set aside so have re attached them

[2ltr16valve]

I think we need them in PDF format as jpg comes up too small.

[andydd]

I think we need them in PDF format as jpg comes up too small.

 

Its ok, spent some time trying to fix them..

 

All 4 posts above are readable.

[Emz0305]

Oh they come up large for me. Are they all showing as small?

[andydd]

What is the claimant asking to be set aside, the re-instatement of the case ? (After defualt judgement was given and then set aside).

 

He hasnt attached any reason why the set aside should not be granted.

 

And I assume that the original POC's have still not been served ?

 

Andy

[andydd]

Oh they come up large for me. Are they all showing as small?

 

Emz..

 

Its ok I removed the small unreadable ones, no need to do anything.

[mjt2013]

What is the claimant asking to be set aside, the re-instatement of the case ? (After defualt judgement was given and then set aside).

 

He hasnt attached any reason why the set aside should not be granted.

 

And I assume that the original POC's have still not been served ?

 

Andy

 

It seems that the default judgment was set aside without notice and therefore the order contains the usual provision allowing an affected party to apply to set that order aside. The application therefore is, confusingly, to set aside the order which set aside the default judgment!

[Emz0305]

Not a clue what he is asking for tbh, and no, the POC have still not been served. How could the judge give a default judgement for None acknowledgement of service, when we didn't have to acknowledge until we had been service POC, to which we would of then had 14 days to acknowledge service?? How could we possibly specify on that Acknowledgement of service form if we wished to defend the claim if we were not aware of the full POC? I'm confused as to what has happened.

[Mike_hawk]

Did you receive a copy of his statement [reasons for set aside]?

[Emz0305]

Did you receive a copy of his statement [reasons for set aside]?

 

No Mike, we didn't receive a copy of his statement

[Emz0305]

Sorry I double posted, first reply didn't show. Think I'm experiencing slow broadband

[Mike_hawk]

It's a muddle, that's for sure. Why the court is allowing this when it acknowledges there is an absence of particulars beggars belief

 

Ask the court if it will serve you a copy............ failing that I think I'd be drafting a stinging w/s this weekend reminding the court of the other sides failings and why it should not be granted any relief from sanction - the court has already made it clear that it is unlikely to tolerate any further delay in service of particulars [its reference to CPR 7.4]

[Emz0305]

How do I ask the court to serve a copy of the statement? and what is a w/s? Can we do anything about the fact that default judgement was originally entered against us in error? How should I proceed? Sorry for my total lack of knowledge where courts are concerned

[Mike_hawk]

Statement... refers to the other sides witness statement [w/s], he referred to reasons given within his application, this should mean there is a supporting witness statement verified by a statement of truth...... if he didn't file one [send a copy to the court] it's impossible to establish what his reasons are until the hearing assuming he intends to give oral evidence.

 

The lack of service, non compliance with previous order/s and whatever else you see fit can all be noted within your w/s [witness statement]

 

Probably best to record the timeline of events from service of claim form to date as it will make the whole job of drafting your witness evidence that much easier....... if you can put something together over the next couple of days one of us will look back in on you before you send to the court and the other side.

 

Attach a copy on here [best in word/.doc format] and we'll give it the once over.

[Emz0305]

Right ok, thanks, I'll have a bash over the weekend. Not a clue what I'm doing but I'll try

[andydd]

Dont apologise, its not your lack of knowldedge, this has got many of us puzzled. The CPR and PD's are supposed to help but they seem to have got everyone here tied in knots in this scenario.

 

W/S = Witness statement, you will need to file one of thesew, it will be your fathers list of events and evidence and you could file them from others if anyone else was involved.

 

So what you want to know is:-

 

1. Should the claimant have got Judgement in Default if you didnt file acknowledgement, I'm not sure, possibly yes if the claimant put in or the court decided on this without taking into account the fact the cliamant hadnt put in POC. (As pointed out the CPR rules do vary depending on whether claim is still in MCOL or has been allocated)

 

2. Now you have set aside, can claimant ask that that be set aside and original defulat judgement put back, this would appear unlikely due to his breach of not putting in POC plus he doesnt appear to have any reason why it should be set aside, his court application is just a few scribbles of nonsense.

[andydd]

According to this .. http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=49504&d=1393592502 you have (or at least the has) received a copy of the POC (The original one).

[Mike_hawk]

Emz

 

Format for w/s at the following link...........

 

http://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements

[andydd]

So Steampowered has already said..

 

6.4 Where the proceedings are not transferred under paragraph 12.1 or 12.2 and remain at Northampton county court, the claimant is not required to file the particulars of claim at that court unless ordered to do so.

 

My interpretation is that this means that if the case is still pre-allocation the claimant doesnt have to serve the POC unless ordered to do so.

 

So your defence of saying you didnt send acknowldgement coz you didnt see POC is invalid. However never mind, its been set aside now and as it was court that set it aside, then bothe sides can question this, the claimant has chosen to do so..BUT it appears he doesnt appear to have any grounds to do so...the Judge has clearly reminded him of CPR 7.4 becuuse now it has been transfered.