Application to have judgment set aside question

newreclaimer

Hi,

I found out that I had been taken to court for an alledged outstanding debt after it had happened. Hence I lost by default.
Ive since applied to have the judgement set aside due to not knowing about the case and also the CCA that had been supplied looks very vague. ie doesnt look like a CCA and is unsigned. Therefore in my application I referred to it as fake.
I have a date set for next week which I am ready to attend. However Ive received a letter from the solicitors asking me to agree to deferring it for 28 days so they have more time to research my CCA claims.
Surely they should have all the documents they require from the first date.
They indicate that the judge probably wouldnt look on it in a good light if I didnt agree and also refer to me having to pay costs.
Im not sure whether to agree to it or not. In fact Im tempted not to but how would the court look on that?
Thanks for your help.

bryanb

Only you know if the debt is genuine, all the research in the world won't find anything if it's not. so why not defer?

earplugs

you would have thought that the Solicitors would have had the original paperwork before they issued the claim, as this is what they are relying on to say you owe the debt. Its up to you but I'm not sure that I'd agree to the adjournment of the hearing.

As for costs, there is always the risk that costs are awarded but if its a small costs matter (under £5k) then the courts are highly unlikely to award costs against anyone, unless you or the other side have done something spurious (like issue a claim without any evidence). I think the Solicitors are trying to put the frightners on mentioning costs. As I say, its completely your decision but why give the other side more time, they should have all the information to hand anyway.

good luck whatever you choose to do!

newreclaimer

earplugs wrote: »

you would have thought that the Solicitors would have had the original paperwork before they issued the claim, as this is what they are relying on to say you owe the debt. Its up to you but I'm not sure that I'd agree to the adjournment of the hearing.

As for costs, there is always the risk that costs are awarded but if its a small costs matter (under £5k) then the courts are highly unlikely to award costs against anyone, unless you or the other side have done something spurious (like issue a claim without any evidence). I think the Solicitors are trying to put the frightners on mentioning costs. As I say, its completely your decision but why give the other side more time, they should have all the information to hand anyway.

good luck whatever you choose to do!

Thats what I think. Surely they should have everything they require including a copy of the alledged CCA. They say they would have to send an agent to court and that I may have to pay for their agent.

10past6

newreclaimer wrote: »

Im not sure whether to agree to it or not. In fact Im tempted not to but how would the court look on that?

Your under no obligation to agree, however, if they attend court without the correct paperwork, they'll ask for an adjournment, which will more or less be granted.

earplugs

10past6 is right, but if they do turn up without the right paperwork you could ask for the claim to be dismissed on the basis that the claimant issued the claim without having any evidence to back up the claim and ask for your costs and the other sides costs to be born by the claimant.

10past6

newreclaimer wrote: »

I found out that I had been taken to court for an alledged outstanding debt after it had happened

How did you find out about the claim?

RAS

Hi

Where did the creditor send the correspondenece?

newreclaimer

10past6 wrote: »

How did you find out about the claim?

I got a letter saying Id lost the case for not turning up but I never got a letter telling me about the case in the first place. Complicated home life!!

10past6

Prior to them issuing court proceedings, did you receive a default notice & termination letter?

newreclaimer

10past6 wrote: »

Prior to them issuing court proceedings, did you receive a default notice & termination letter?

Not sure about that. Not even sure what they are?? So I dont think so.