File for judgement-advice please??

[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.

[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.

[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.

[Michael Browne]

Civil Procedure Rules Part 27 here:

CPR - Parts and Practice Directions