county court judgement hearing missed!

10past6

The default notice is compliant

*I would suggest you now remove the links as it has amounts on that could identify you*

I'm unable to read the T&Cs as the text is to small.

10past6

jodenice wrote: »

they asked for months stay for mediation

Just to make sure I understand this correctly, you had a date listed for January, they requested a month's stay, you've heard nothing since January until today's letter, correct?

jodenice

no, we originally got a summons in January that stated the court date was set in april.

HFC solicitors asked for a month or so mediation, in which nothing happened. And that was it. I'm obviously a wally and thought that we would receive something to state or confirm the actual court date (i didnt' realise that the one they suggested in early Jan was the date they expected him to attend - we wouldn't have been able to say yes or no definitely at that time as he is on shift work). As they had asked for a months difference I assumed the court date would move by a month too. As it happens, on the date they held the judgement, he was at work on an early shift and wouldn't have been able to make it.

The fault is definitely mine, now, how can i used this as a defence to get a judgement set aside? what are valid reasons.

10past6

jodenice wrote: »

how can i used this as a defence to get a judgement set aside? what are valid reasons.

Do you have written confirmation they requested a month's stay?

jodenice

i think it is written down somewhere, i think it was in their application - they didn't want court mediation, they wanted to delay for a month and contact him themselves.

10past6

If they've involved you in stalling court proceedings, then gone in for the kill without informing you, that's good enough for a set aside application.

One other question, at what stage did they request a month's stay, was it AFTER you filed your defence?

jodenice

OK on the 26th Jan the solicitors for HFC sent a copy of their allocation questionnaire sent 'by way of service upon us'. It says they wish to receive a copy of ours by return. Their form said they want a one month stay. However they refused mediation.

i think i just got confused rather than anything malicious happening.

10past6

If the claimant requested a stay AFTER you submitted your defence, then goes on to claim victory without you being given the chance to defend, that places you at a disadvantage and could even be considered as abuse of process by the court.

If you can prove this has taken place, then issue a set aside application, requesting that if successful, your courts fees be refunded by the claimant.

jodenice

I'm going to write down dates and stuff, it might help

3rd December i submitted the defence online.
15th december - solicitors acknowledge receipt of our defence and intend to pursue it in our local court. They did however have a small paragraph at the bottom saying they would welcome an amicable agreement and giving us someone to get in touch with
15th Jan we got an allocation questionnaire. We asked for free court mediation.
15th Jan - also get general form of order saying a case management conference will be heard in April.
On the 26th Jan we receive a copy of solicitors questionnaire. They ask for one month stay and refuse free court mediation.
they also ask for copy of our allocation questionnaire and defense. (so they asked for stay before they actually saw the copy of the defense i sent them)
16th Feb our defence is sent to them.
nothing until
30th March when we receive the letter saying they can't find the original loan agreement.
Nothing again until
28th April - to tell us we missed the case management conference hearing and we lost the case!

So we missed the case management conference. Is this the actual CCJ bit.

god what a palaver. i'm not cut out for anything remotely legal.

penguin83

Hi Jo - on the AQ that you filed with the court did you request a 1 month stay as well? Mediation is only allowed if both parties agree - in this case it appears that the claimant didnt and likewise a 1 month stay for settlement is granted if both parties indicate that they want one on their AQ's - although the claimant indicated that on their AQ you would have to indicate the same if that makes sense.

Unfortunately unless you specifically receive an order stating that a hearing date is vacated it will still go ahead. x x