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Set judgment aside unfairly

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  • Set judgment aside unfairly

    Hi, about 3 months ago I received the bailiffs in my home, I had no ideia at time. After investigation I found out the it is a claimant that worked for me early 2013 and says that I owe her £260 from wages. Now the bailiffs when they came in asked me for about £2000 because of fees.
    I payed £1000, and after that I went to get advice on what to do.
    The claim is on my name and on the limited company where I was director. In April 2013 I became personally bankrupt and also resigned from director of the company.
    So what I did was asking to set the judgment aside and I was granted that at the county court. Today I went for the hearing and the judge dismissed the set judgment aside because she felt it should have been made to the employment tribunal that was where the judgement was originally made. By the way I was never informed of the hearing when it happened.
    And now I contacted the employement tribunal and they say because the case is from 2013 they don’t have the records anymore and nothing can be done!
    Please help me, I don’t know what I can do now.
    Thank you
    Tags: None

  • #2
    Originally posted by Pmendes View Post
    And now I contacted the employement tribunal and they say because the case is from 2013 they don’t have the records anymore and nothing can be done!
    That's not your problem, you should apply to set aside the judgement at the employment tribunal and it will be incumbent on the other party to prove their case.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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