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Romum Posts: 45 Forumite

19 November 2007 at 10:54PM in Reclaim bank & credit card charges

Hi, help please, can anyone advise, second posting

any advice please. we have a court date on 3rd Dec this monday. We were awarded judement by default against RBS on 1st August as they had not responded to the court. on the 10th August they applied to the court to have the decision set aside hence the court date above.

What I need help with is how do we argue in court to stop them getting judgement set aside - their reason for not reponding to the court was due to an 'admin error' and relying on Part 13.3(1) CPR as justification. If they win and manage to get the decison set aside they are asking for and I am pretty sure will get a stay as well.

Other people seem to be in a similar situation with the banks asking for judgements to be set aside for all sorts of reasons but can't see any other case of it being due to 'admin error' what's the best way to approach this. any advice appreciated please. Also, should we get a solicitor cost £1000 for a £2000 claim?????!!!!!

thanks

romum

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