LLord Claim for £3000

[thaicat]

Re: LLord Claim for £3000

Have you spoken to the court since receiving the default judgment ?

No I don't think so- only the Kathryns business Centre listed phone number on the forms.

It was them who told me the Claimant sent the forms to me and mum as they only sent one inital set of forms for defence to me last year- to.an incorrect address I have never lived at.

They are quite useless on the phone lines.

[thaicat]

Re: LLord Claim for £3000



Below is the EMAIL from Kathryns House business centre this morning:
Thank you for your query.

When a claim is issued the court would send claim forms to all defendants. In your case, this would be on 14-Sept 2015 to the addresses that the claimant would have provided us with. The claimant then in January applied to amend both addresses and the application was granted; please see the attachment. So then the claim was amended on 20^th January and the claimant was obligated to re-serve the claim form to both defendant and file certificate of service with a new date of service. The certificate of service for DEF1 was filed on 18^th Feb 2016, for DEF2 on 2^nd March 2016.

Regards,

[Amethyst]

Re: LLord Claim for £3000

Okay thanks. Kati has your docs and is sending them over to me so will give you a hand with this set aside once have had a look through them.

Just for ref this is the CPR on default judgment

Claim against more than one defendant

12.8

(1) A claimant may obtain a default judgment on request under this Part on a claim for money or a claim for delivery of goods against one of two or more defendants, and proceed with his claim against the other defendants.

(2) Where a claimant applies for a default judgment against one of two or more defendants –

(a) if the claim can be dealt with separately from the claim against the other defendants –

(i) the court may enter a default judgment against that defendant; and

(ii) the claimant may continue the proceedings against the other defendants;

(b) if the claim cannot be dealt with separately from the claim against the other defendants –

(i) the court will not enter default judgment against that defendant; and

(ii) the court must deal with the application at the same time as it disposes of the claim against the other defendants.

(3) A claimant may not enforce against one of two or more defendants any judgment obtained under this Part for possession of land or for delivery of goods unless –

(a) he has obtained a judgment for possession or delivery (whether or not obtained under this Part) against all the defendants to the claim; or

(b) the court gives permission.

[thaicat]

Re: LLord Claim for £3000

Thank you!! I have no clue what that means but thank you !

One thing- In my defence I admitted £50 for a carpet stain (proof of carpet cleaning) that would not go. That is it, the mould I photographed and cleaned as best as I could before I left. The photos show the place before leaving..most taken that day. I also have video of it.

I have no clue what to do now but the LL Sent the Judgement on March 1 and Mum got in March 5.

[Amethyst]

Re: LLord Claim for £3000

Mmm doesn't add up

The certificate of service for DEF1 was filed on 18th Feb 2016, for DEF2 on 2nd March 2016.

From and including: Thursday, 18 February 2016
To, but not including Tuesday, 1 March 2016
Result: 12 days

Acknowledgment is within 14 days after service.


Could you respond to the court and ask what the date of service for DEF1 was.

[Amethyst]

Re: LLord Claim for £3000

Kati's given me the docs you sent over, I can't see your defence in there though - did you keep a copy ?

[thaicat]

Re: LLord Claim for £3000

I don't think I did as it was brief and I just used it to refer to the main reply which was typed up which I sent to Kat.

The dates of March and Feb ^^ are to do with LL filing COS to say she served the claim pack on us..and some amendment of hers. She sent it to court on those dates.

So arguement falls down to who will judge believe when setting aside ? Us that we had only one set of forms or her that she sent two sets.

Begining date for this when we got pack was Jan 26th.

[thaicat]

Re: LLord Claim for £3000

Is it worth making claimant aware forms were not received for more than one person- via her solicitors ?

[Amethyst]

Re: LLord Claim for £3000

We'll have to go with those docs and what you've said on here then.

Need to ask the court why default judgment was given less than 14 days from cert of service though before doign anything else.

[thaicat]

Re: LLord Claim for £3000

So the judgement can only be sent after ? They told the COS to inform them that she had filed a claim on us- could be sent at ANY time ?

[thaicat]

Re: LLord Claim for £3000

We'll have to go with those docs and what you've said on here then.

Need to ask the court why default judgment was given less than 14 days from cert of service though before doign anything else.

Okey cokey- COS ofr my mum DEF1= Filed Jan 28th according to what claimant has told court.
COS FOR me ?- Feb/march

Hence she has been able to chase my mum for money.

[thaicat]

Re: LLord Claim for £3000

I shall prepare the documents for defence and send them in with the set aside ? I will explain the situation and that I believe there is evidence to show I have not caused the damage and thus my mum has exactly the same defence as me the tenant.

Should I not is not in our financial interest to ignore court forms due to my need for treatment abroad for an illness that can be fatal ?

I am currently trying to save to go the USA to get treatment.

I will also apologise to the court for the mix ups caused so far and that Mum has done what we believed was the right thing and the LL should have sent two claim forms in separated envelopes to be sure that two sets of forms were filed.

[thaicat]

Re: LLord Claim for £3000

Morning all... Can anyone help me write the set aside up 😊

[Amethyst]

Re: LLord Claim for £3000

Okay starting point then.... the witness statement really wants doing first. It is written by your Mum so has to be in her words, from her knowledge and point of view.

---------------------------------------


Box 3

An order that the default judgment against Mrs GW ( Defendant (1)) dated XX/XX/2016 be set aside under CPR 13.3. The Defendant (1)was not served with a copy of the claim form and response pack pursuant to the order of District Judge xxxxxxxxxxxxx on xxxxxxxxxxx 2016 and has a reasonable prospect of success with her Defence.


Box 10

Attached Witness Statement


---------------------------------------------------------------------
Witness Statement


I, Mrs GW, of XXXXXXXXADDRESSXXXXXXXXXXX am Defendant (1) in the Case Number XXXXXXX and make this statement in support of my application to set aside the Default Judgment obtained against me on XX/XX/2016. The facts in this witness statement are true.

BACKGROUND

The claim in this case has been brought by the Claimant against myself as Defendant (1) and my daughter, Ms XX as Defendant (2).

I live at xxxxxxxxxxaddressxxxxxxxxxxxxxxxxxxxx and my Daughter lives at xxxxxxxxxxxxxxxxxxaddressxxxxxxxxxxxxxxxxxxxxxxxxx .

My Daughter was previously a tenant of the Claimant at xxxxxxxxxxxxxxxxxxxaddressxxxxxxxxxxxxxxxxxxx.

The Tenancy ended on xxxxxxxxxxx and the Claimant was given my Daughters forwarding address, being xxxxxxxxxxxxxaddressxxxxxxxxxxxxxxxxx

I have been included as Defendant (1) in the Claim as I acted as Guanator to my Daughter's tenancy agreement.

THE CLAIM

The Claim Form was originally issued on xxxxxxxxx September 2015 by the Claimant at an incorrect address XXXXXXXXXXXADDRESSXXXXXXXXX - This address is not an address I have ever resided at. ( Exhibit A)

In January 2016 the Claimant made an application to the court to amend the address on the claim form( Exhibit B )

On 20th January 2016 District Judge xxxxxxxxxxx ordered that ( MAIN BITS OF ORDER )

On xx I received xxxxxxxxxxx

On xx my Daughter telephone me to tell me that she had received a claim form (Case No xxxxxxxxxx ) at her house and that I was named as Defendant (1).

xxxxxxxxxxxxxxxxxxxxx







and so on................

[thaicat]

Re: LLord Claim for £3000

Thank you very much indeed! I shall get writing that now and should I include evidence or that mum would not put my own treatment at risk by ignoring a court claim ?