Hunts motors Bedford - Faulty Car cambelt failed - i won by default/sent HCEO's - they paid in full - now set aside as court errored - new Hearing

[Andyorch]

Did you request a forthwith payment ?

[Andyorch]

I would wait until you have your notice of judgment which will confirm the final amount including section 69 interest. Your claim costs are already included in the final judgment amount. Also you need to deal with the change of address issue before instructing HCEO.

 

Andy 

[Andyorch]

Form for HCEO N293a

 

https://www.gov.uk/government/publications/form-n293a-combined-certificate-of-judgment-and-request-for-writ-of-fieri-facias-or-writ-of-possession

 

[Andyorch]

Yes you can but I would inform the court also so that they can amend the defendant details then you have it on record for the as the judgment debtor COA

[Andyorch]

The Notice should inform you if they wish you to attend but you can certainly submit a statement of objection with reasons why their application should be dismissed which should be filed and served not less than 7 days pre hearing.

 

better to attend the hearing if you want to have your say.

 

Andy

[Andyorch]

Yes if they paid within the allowed time (28 days or forthwith whichever you opted for when requesting judgment) if not the CCJ is on their file irrespective.

 

As they have paid then your statement should inform the court same and inform them that this is merely a credit cleansing application and not a genuine reason to set a side the judgment.

[Andyorch]

Then put it all down in a statement and file and serve and attend the hearing.

[Andyorch]

Quote

20.  The court has already looked at the case and made judgement for the claimant.

 

Default judgment?

[Andyorch]

So not looked at or determined by a court.

[Andyorch]

Well the court will be aware of it anyway so lose point 20 all together

[Andyorch]

Closing the stable door long after the horse has bolted springs to mind I don't see anything that would successfully support their application within that statement ......or genuine reason to request a set a side or what it wishes the court to do.

 

 

Very poor litigant statement.

[Andyorch]

On 18/05/2023 at 12:01, Andyorch said:

Closing the stable door long after the horse has bolted springs to mind I don't see anything that would successfully support their application within that statement ......or genuine reason to request a set a side or what it wishes the court to do.

 

 

Very poor litigant statement.

 

Very poor District Judge