Court date set to set aside judgement

[DennisBay]

Hi, I have been trying to get an application through the courts to set aside a judgement since August, if was finally transferred to my local court in November. A letter has arrived to say hearing will be December 20th. I am out of the country until 24th.
Does anyone have any experience or knowledge as to whether the court will change this date, I can do any day from Dec 25th till the end of my life. ............

Please help. I don't want to get this far and not be able to defend myself, as I've been looking forward to it (restons)

[Kati]

Re: Court date set to set aside judgement

[MENTION=87380]Diana M[/MENTION] ... any idea??

[nemesis45]

Re: Court date set to set aside judgement

Hi, I have been trying to get an application through the courts to set aside a judgement since August, if was finally transferred to my local court in November. A letter has arrived to say hearing will be December 20th. I am out of the country until 24th.
Does anyone have any experience or knowledge as to whether the court will change this date, I can do any day from Dec 25th till the end of my life. ............

Please help. I don't want to get this far and not be able to defend myself, as I've been looking forward to it (restons)

Speak to the court office on Monday.

nem

[warwick65]

Re: Court date set to set aside judgement

Were you, at any point asked what dates you were not available. How long have you known. About the hearing, don't they usually give you a bit more notice.

[Diana M]

Re: Court date set to set aside judgement

I have been trying to get an application through the courts to set aside a judgement since August, if was finally transferred to my local court in November. A letter has arrived to say hearing will be December 20th. I am out of the country until 24th.
Does anyone have any experience or knowledge as to whether the court will change this date

I expect you'll have to make a formal Application to the court to adjourn the Hearing with a Witness Statement to evidence why you can't attend such as flight or hotel booked prior to the Notice of Hearing etc.

This can sometimes be agreed by consent with the other party (they usually do if threatened with costs of an Application if they don't).

How much is the CCJ which you are seeking to set aside because that may give some indication of the willingness (or not) of the Judgment Creditor to agree to your request?

How long has the Hearing been listed for and is it sufficient time to argue your case? That can be another reason to ask the court to Adjourn and re-list.

Have Restons filed a WS in response to your Application?

Have you asked them to consent to the set aside to avoid the cost of a Hearing?

Who is the Judgment Creditor since Restons will probably say they need to seek instructions from their client before agreeing to anything?

Di

[DennisBay]

Re: Court date set to set aside judgement

Thanks all. An email to the court and they changed the date as I was out of the country.
A new date has been set and the letters continue from Restons advising me to withdraw, and they're charging me for the privilege of each letter.