Defend against a request for set aside of default judgement - HELP!

[musialovation]

Hi,

First post on here so please be kind!

I left my previous job due to non payment of wages. In total, my former company owed me a considerable amount of money. After months of contacting them for payment I finally served them with a 7 days notice of court action. They responded asking for additional time while their 'legal team' looked into the matter. I gave them a further 3 weeks, and still nothing so I filed with money claim online.

Again, they didn't respond to the court so I was granted judgement by default with payment due immediately. I gave them 7 days to pay, even though they were in default immediately. Again, I heard nothing from them so I applied for a warrant. Finally, upon receiving the warrant, they have contacted the court to request for the judgement to be set aside.

I have read the documents that they have sent to the court and their reasons for not responding are full of fictions which I am able to prove.

My question is, rather than have the court misled and waste the courts time with a hearing, can I submit to the court my evidence why the judgement should not be set aside including my evidence which demonstrates that the owners 'signed witness statement is in fact an act of perjury?

I've handled everything in my own so far, so I would be so grateful of any advice!!

Thank you

[Amethyst]

Re: Defend against a request for set aside of default judgement - HELP!

You can submit your counter arguments to their set aside application - this needs to show why they do not have a reasonable prospect of success. You should get notification of the hearing date of the application, this may request documents from you but if not you can submit your skeleton arguments before the hearing which should state why you contest the case being allowed to continue.

What are their reasons for the set aside ? Is it a case of 13.2 or 13.3 (ie is it a must set aside or a may set aside argument)

This might assist with an idea of how to lay it out etc. ( it's on the t'interweb )

[musialovation]

Re: Defend against a request for set aside of default judgement - HELP!

They are primarily claiming that:

1. They were not aware that I was going to file
This is obviously untrue as they had the 7 day notice, they also responded to contact on the day that I filed. I emailed to give them a last chance to pay before 7pm on that day, they responded saying they would 'do what was need when the claim is made' so clearly this point is invalid.

2. They are claiming they have a reasonable chance of defending the case
This is again wrong as the evidence that has been submitted is untrue. I am able to get sworn witness statements along with my n invoices/bank account details as evidence of this.

3. They are claiming that the first solicitors that they went to did not file paperwork on time.
I cannot disprove this, I only know from past dealings with the company that court summons etc are usually ignored until they get to this point, so I have good reason to believe that this is untrue, however I cannot prove it.

Hope that all helps!

[Amethyst]

Re: Defend against a request for set aside of default judgement - HELP!

Okay so it is definitely a 'may set aside' rather than must, so that's good.

So your statement against their application needs to state your disputes to points 1 and 3 (more 1 - 3 is nothing to do with you it's their own fault) - with those letters/email copies as exhibits.

then detail why their defence is doomed to fail.

[musialovation]

Re: Defend against a request for set aside of default judgement - HELP!

That's great - Thank you

Now, if we do go to a hearing and I prove that he has committed perjury where do I go from there? Is it then a criminal investigation? (part of his claims are making false but damaging allegations against me, although I have suffered no loss they have the potential to cause massive problems for my business)

[dan_1207]

Re: Defend against a request for set aside of default judgement - HELP!

I personally wouldn't go down that road! Use it to your advantage in claiming costs, given you're not restricted to the usual small claims rules.