Judgment for Claimant (Default)

AMTF

I have sent of my n244 form and witness statement this morning, I received a further letter from Gladstones yesterday to inform me I had the Judgment against me so I added this to my statement, as they clearly know where I live.

I will keep you updated to let you know the outcome

Coupon-mad

Did you include a draft order of what you want the court to do, including reserving your costs so you can claim the £255 back if you later win/they discontinue? You must ask for costs to be reserved (or refunded at the set aside hearing if the DJ is on your side about this conduct).

AMTF

Yes, I have asked for 1. The set aside 2. My fee to be refunded/paid by the claimant 3. The case to be dismissed.

I will hopefully hear back soon, but will they let me know in the initial reply if I'm successful or will it need to be done in a court hearing?

Coupon-mad

Some are decided just by reading what you have submitted with no set aside hearing, and some courts will order a hearing. You will know soon enough!

AMTF

I have received the Notice of Hearing for next week. Now I will frantically search the forum for advice.

What will I need to prepare and bring with me on the day? And will I be able to apply for any additional costs after the results of this hearing, or does it need to be done beforehand?

System

Read post #6 as it has all you need.

You should apply for costs (and unreasonable ones too) on the day and you need to take evidence with you. You may have an honest face, and honest beliefs but the judge prefers facts and evidence.

The_Deep

This sounds like a FUBAR to me. If you feel that Gladstones have acted, even in the teeniest way, unprofessionally, do not be tardy in complaining to the SRA in your most robust manner.

https://www.sra.org.uk/home/home.page

Please watch this video

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

Coupon-mad

Also why not read the other set aside threads from last week/last month and see what they took with them and how it went?

Someone posting here got a set aside only yesterday and asked the exact same questions you did, before they went along.

Simply search the forum for set aside as your keywords, and change the default search to SHOW POSTS (never search 'threads' or you will be there all day, needle in a haystack)!

[Deleted User]

Ah interesting, this one again.

I wouldn't necessarily try and seek strike out of an entire case every time there was a default judgment, but here, if it is truly correct that proceedings were sent to a known old address, that may be a runner....

In any case should be decent grounds for set aside.

AMTF

Thank you for your help so far. I have been looking through and there is just so much information that I think I am confusing myself. I don't understand the next steps and how to do them.

I have sent in my Witness Statement with the points to explain that I am applying for the set-aside, that I want the original case dismissed, and that I want my fees returned. The letter I have received today only states the date and time of my hearing. It doesn't say anything regarding submitting anything.

I think I have the main gist, but some threads state I will need a defence to support my witness statement, others say I don't. If it is the case that I do need one, then do I need to submit it beforehand? (my hearing is in 10 days). On one thread I've read regarding theblackfox's case, I will only need evidence on the day to support my witness statement which would be:

1. All correspondence from Gladstones (Letter stating that they believe I now reside at my current address, letter received from Gladstones to my current address directly after the Judgment, a copy of the letter sent to Gladstone's requesting more information.)
2. Copy of letter sent to Gladstones requesting more information regarding the original "offence".
3. Signed rent agreement with the date I moved on it.

I can't think of anything other evidence at this time.

Will I also need to make a financial claim before the hearing to claim back any losses (excluding the set-aside fee)?

Sorry for the long-winded post, but this is extremely stressful for my wife and I need to get as much information as I can to put her mind at rest.