File for judgement-advice please??

[sinon]

Hi all,

I recently submitted a claim for charges to Lloyds TSB through the County Court.

The 14 days to acknowledge has lapsed, and TSB have not replied. I gave them a courtesy call and they say they have not received it.

Took my request for judgement in today and explained my circumstances.

The chap (very helpful & knowledgeable) told me that the court does not accept not receiving it as a reasonable excuse. If the letter is not returned to them, it is deemed as good service and thus delivered.

He tells me that once judgement is made I can begin attempting to recover any monies awarded (bailiffes).

Is his advice jumping the gun? (I know they will apply for it to be set aside)

 

Any advice or similar experiences would be most helpful.

[Michael Browne]

Hi all,

Is his advice jumping the gun? (I know they will apply for it to be set aside)

 

Well, at the moment you're in limbo. Lloyds are unlikely to do anything about it until you apply for judgement. Yes, they may apply for a set aside, but at least they'll be on the back foot.

[sinon]

Hi, once the judgemrnt has been received,

I am wanting to know if I can move to claim goods/payment before they have chance to reply asking for judgement to be set aside.

Thanks, Simon

[Michael Browne]

Hi, once the judgemrnt has been received,

I am wanting to know if I can move to claim goods/payment before they have chance to reply asking for judgement to be set aside.

 

They could apply for set aside in a twinkling of an eye, by fax for instance.

[Glenn UK]

Michael

 

Do you know if theres a cut off after which they cannot seek a set aside?

 

I though i had sen it somewhere but im not sure, if you know if theres a cpr which gives some idea id be greatfull for the hint.

 

Glenn

 

PS i supose if you know the answer to this i might have to click your scales, lol

[Michael Browne]

Setting judgment aside and re-hearing

 

 

27.11

(1)A party –

 

(a) who was neither present nor represented at the hearing of the claim; and

 

(b) who has not given written notice to the court under rule 27.9(1),

 

 

may apply for an order that a judgment under this Part shall be set aside (GL) and the claim re-heard.

 

(2)A party who applies for an order setting aside a judgment under this rule must make the application not more than 14 days after the day on which notice of the judgment was served on him.

Gives them more than enough time.

[Glenn UK]

Michael

 

Id like to say thanks for that

 

Glenn

[sinon]

Hi everyone, thanks for your (very informative)posts.

Michael, please can you tell me where you are quoting from so I can loook at the full text.

Thanks, Simon.

[Michael Browne]

Civil Procedure Rules Part 27 here:

CPR - Parts and Practice Directions

[sinon]

Thanks Michael, it's a bit early but I'm going to have a read!

[sinon]

So, if I am reading 27.11(4)(b) correctly the hearing can take place at the same time as the judge is setting aside. I need to hopefully counter them requesting a stay on proceedings if this is possible. Presently I am unable to find the relevent text to decide this. Sorry to be a pain, but can you direct me please?

 

Also, 27.11(3)(a) states they must have a good reason for not attending the original hearing. Does TSB saying they didn't receive it constitute a good reason? Or, as discussed earlier can it be deemed good service and thus delivered as it wasn't returned undelivered to the court?

 

27.11(3)(b) states they must have reasonable chance of success.

Given their apparent reluctance to go to court previously, can I argue that they don't have a realistic chance?