faulty steam shower - default Judgement set aside by defendent 3 months after issue ***Judgment attained***

[intree]

thanks I will do that now

[intree]

Judgement application now sent on line, they say it was not available until today!

 

Just hope they now pay up what they have been refusing to do since August.

 

Thanks

[rebel11]

Good, please do update.

[intree]

2012 we bought a steam shower,

this became faulty in first 12 months,

informed seller, no response,

 

 

in August 2014 it failed and steam stopped, (cost was 787 in 2012)

the matter was not addressed by retailed Heat and Plumb,

they did not respond, other than say that the original supplier was bankrupt so they could do nothing!!

 

County court claim submitted September 2014 after pre action letter was sent to them no response received at all!

 

The Company trades in 3 names,

we were advised by the court that we have been given Default judgement in 22 10 2014,

 

 

in November 2014 the Court advised they could not enforce judgement as the Company traded in several names,

 

 

we then found the Principal was Pioneer bathrooms,

 

 

we then asked for the name to be changed to that, this was changed on 03 02 15,

 

 

a order to reserve the judgement was dispensed with as the claim was for the same address and same company albeit the registered address at Companies house.

 

The Defendants have now, responded on 11 02 2015,

the claim has been transferred to our local court

they are in London,

we are in Leicester,

and there will be a hearing to set aside our default judgement!

What costs can we also claim?

 

Please can we be advised how we defend this

 

 

I have a legal case to refer which is In Hockley -v- North Lincolnshire & Goole NHS Trust (19th September 2014) Judge Jeremy Richardson Q.C.,

to but not sure what they are now doing, as the Default Judgement, has been in place since October 2014.

 

How to defend please and enforce Judgement?

[dx100uk]

on what grounds are they going for the set aside?

and what defence will they be using to defend the claim?

 

 

dx

[intree]

I am not sure DX100 what they will be saying as all the Companies are at the same address and I HAVE proof of delivery from 2014 of the Pre action letter I sent to them.

 

 

I am advised by the court as follows

 

 

Following application by the Defendant to set aside (Remove) the default Judgement the claim has been transferred to Leicester CC

 

 

The Court will notify both parties of the time, place and date for the Hearing.

 

 

This is all I have, no application from the other side or their defence to the claim, I have noted that a Judgement had been issued against the new NAMED Company, on the 3 02 15 and they have submitted the application to remove on 11 02 15.............I COULD not get a judgement registered before as I was advised the other two companies are operated under ONE registered entity, PIONEER Bathrooms.

 

 

They now have taken steps to respond after 4 months and only when judgement is noted on the Judicial web site for !

[dx100uk]

so it will enter the DQ stage and you will both be asked to submit bundle I expect.

 

 

dx

[intree]

I presume so, I don't know what DQ means sorry.

 

 

I have all the documents on file, but not sure what game they are playing and how they will try and get the judgement thrown out as I have already sent this to the High court for enforcement but the court has placed a bar on the claim, on MCOL website?

 

 

Thank for the advice as always!

[ericsbrother]

Are they limited companies?

 

 

Ask companies House if they show any relationship to each other in their accounts,

 

 

if they do then they are one entity and the name doesnt matter.

 

 

If they dont then you can complain that they are in breach of S409 of the Companies Act by not disclosing the relationship.

[Guest]

.... but not sure what game they are playing and how they will try and get the judgement thrown out ...

 

 

Thank for the advice as always!

 

they'll have to send you details of their reasons/application prior to the hearing.

it may be directed in the forthcoming order, otherwise as per cpr rules

[intree]

Hi

 

They are the same Companies operating from one address and empire

- but One is in liquidation,

one is not filed accounts and

Pioneer BATHROOMS is now the principal,

but they don't show as connected in the Companies House register,

 

 

They waited and did nothing while the claim was for the two which are not relevant,

but as soon as the name was changed to Pioneer Bathrooms on the 2nd

they statred the arguing that the DJ should be set aside!!

 

 

THESE ARE A BLOODY JOKE,

 

 

for 11 months we have been writing to them and they have not helped,

 

 

now they have a judgement listed - they want to defend

[intree]

Thanks Ford and ericsbrother I will look into them !

[AndyOrch]

Thread moved to the appropriate forum.

 

Andy

[intree]

Thank you Andy

 

 

Any advice on this matter please? or do I just wait until the papers arrive !

[AndyOrch]

Have you got copies of their application and witness statement re set a side Intree?

[intree]

Hi Andy

 

 

Nothing as yet, only the notification from the Court.

 

 

It will be hearing from the looks of it!

[AndyOrch]

Have you requested them?...as you should have already been served on notice...you will need to draft a witness statement in response (and serve on the court/claimant not less than 7 days pre hearing).

 

Obviously you cant respond until you have sight of what they are relying upon (evidence and CPR)

[intree]

Hi Andy

 

 

Do I make a CPR Request now, or just wait until/if the hearing is listed?

 

 

I have never done a set a side of a claimant judgement by defendant before, especially this late, when they had the judgement since October 2014!

[AndyOrch]

No its not a CPR request...just ring the court that advised their application to set a side and ask for copies of the application notice n244 and any witness statement in support of...there may be a small fee.

[intree]

Thanks Andy

 

 

I will do that 1st thing tomorrow AS I cant call from here today.

 

 

I WILL post up their details as much as I can for advice.

[AndyOrch]

And a copy of your particulars...dates and judgment...intree.

[intree]

Yes I will put mine up later tonight after I have taken pictures of them and post them, then will put up their once they come through

 

 

Thank you Andy

[intree]

Hi an update

 

 

the County court has advised they will be sending all the documents from the defendants out by next week (too much work apparently) so I will post everything up by next week 27th Feb.

 

 

thanks

[intree]

I have now received the court Order indicating that there will bea hearing on 6 March 2015 - this is to hear their application to set aside.

 

 

they have provided a letter, with the application as follows :

 

PDF Version

 

letter

 

sorry had a problem,

 

 

their application and letter set aside now above,

 

 

they are lying as I have proof of delivery of LBA letter sent to them in September

and then the Court must have sent them the original judgement, in October 2014,

 

 

then the application for me to change their name from the one originally submitted to Pioneer Bathrooms,

 

 

they are jumping about now as they ignored the original order as their Company Heatandplumb is listed at Companies house as being in liquidation

, but is still online, and then we were advised by the court that they could, not enter against this Company as they were not registered

 

 

- they are all operated under the same address and same premises,

 

 

so why they say they did not get the documents is beyond me,

 

 

they are relying on this letter as it appears they wanted a Hearing on paper!!

[Guest]

did they give their reasons with that?

their 'reasons' ie statement should be disclosed to you prior to the hearing.