Some Success at hearing for Judgement to be set aside

[Kelzwa85]

Re: Change of Defense before a hearing to have a judgement set aside

Hi

I dont know what costs HC would want to set aside the judgment or even if that is something they would consent to, but it is something i normally enquire about when i am challenging an opponent in a case such as this.

Im not sure what you know about the rules for setting aside judgments, but you can set aside a judgment either by application to the Court or by consent of the parties. It is not unusual for the party making such an application to be ordered to pay the costs of and occasioned by the application, especially if you are unable to establish that service of the claim form was defective

You only have one bite of the cherry here, if you fail then the judgment will stand unless there is score to appeal, so its important that you have all the Ts crossed and Is dotted

Thank you for all the info also. After a judgement to be set aside is dismissed by a judge, can you appeal this? I had an old debt from 2008 which I didn't know about. When I went to court to ask for it to be set aside, the claimant informed me of what the debt was and from when. I did not have this information up until now but when I said about it being statued barred to the claimant she said I cannot bring that up now as that was not my original defense. But, I didn't even know who was the original claimant or from when the debt was owed until now

[Kelzwa85]

Some Success at hearing for Judgement to be set aside

So I had my hearing today to have a default judgement set aside. The judge has granted the set aside now requiring me to file a full defense within 14 days to go to a trial.

Can anyone one give some advise on how to construct this defense please?

Basically Santander have charged me for unauthorised overdraft in a snowball affect despite me sending them a letter prior to the first charge explaining my financial situation had changed and therefore could they cancel all direct debits, standing order and reoccurring card payments from my account. They continued to allow payments for a sky subscription. Been overdrawn by £7.66 has ended up being £1756.

Think the the main area of focus by what the judge had mentioned is, proving the letter was sent to Santander and that the bank have been unfair. Any help is greatly appreciated

[Amethyst]

Re: Some Success at hearing for Judgement to be set aside

Well done on getting your set aside granted

Have you sent for a Subject Access Request from Santander ? You will need a list of your transactions leading up to your call and afterwards, showing how the charges ramped up the debt. The SAR may also bring up screen notes regarding your request to cancel DD's etc. there is an example Subject Access Request and although it's unlikely you will get anything back in time for your defence, you should get it underway for further down the line.

Who is the claimant in the case ? (Just going to see if you have a previous thread ) ah ha - http://legalbeagles.info/forums/show...503#post744503 - I'll merge and have a read through, probably come back to your in the morning though as my eyes are going wonky this evening.
[MENTION=551]pt2537[/MENTION]

[Kelzwa85]

Re: Some Success at hearing for Judgement to be set aside

Thank you for your reply. Hoist portfolio have bought the debt and Howard and cohen are acting on their behalf. I requested a statement from Santander which shows when the first charge hit and showing no further credits to the account yet they were still authorising some payments and not others then adding between 4-6 charges every month. I received no reply from Santander after sending them my initial letter and then moved house but still no reply, just the issue on the ccj 5 years after the initial charge on the account.

[Kelzwa85]

Re: Some Success at hearing for Judgement to be set aside

The other post regarding after a set aside has already been dismissed is for a different application to have something set aside. Not this one with Santander. Sorry for the confusion

[Amethyst]

Re: Some Success at hearing for Judgement to be set aside

Ahhh ok, most of this does seem to related to your hoist set aside though ?

[Kelzwa85]

Re: Some Success at hearing for Judgement to be set aside

Yes it is similar but it's only this one that has been set aside