Set Aside Hearing Granted....What happens now?

[gregh286]

hi guys.
i filed a claim for 3k a year ago but missed the hearing due to not being notified, the defendant was awarded a 2k counter claim.
I applied for set aside order due to not being notified.
The set aside hearing has been granted for Feb 15th.
Does this mean I can still win my original claim for 3k and get the counterclaim dismissed at this hearing?
Will this set aside hearing just be like the original one, or do i have to file a new claim etc?
How will it work.
Thanks

[pt2537]

hi guys.
i filed a claim for 3k a year ago but missed the hearing due to not being notified, the defendant was awarded a 2k counter claim.
I applied for set aside order due to not being notified.
The set aside hearing has been granted for Feb 15th.
Does this mean I can still win my original claim for 3k and get the counterclaim dismissed at this hearing?
Will this set aside hearing just be like the original one, or do i have to file a new claim etc?
How will it work.
Thanks

"the set aside hearing has been granted for Feb 15th"


This seems unlikely that the Court has actually allowed your application, rather unless im mistaken it seems to me that it is morel likely that the 15th would be for the hearing of your application to set aside judgment.

Do you perhaps have a copy of the order that you could post with personal details removed?

[gregh286]

"the set aside hearing has been granted for Feb 15th"


This seems unlikely that the Court has actually allowed your application, rather unless im mistaken it seems to me that it is morel likely that the 15th would be for the hearing of your application to set aside judgment.

Do you perhaps have a copy of the order that you could post with personal details removed?

hi
thanks for reply
I attached the order.
So, this hearing is to see if I can get a set aside granted? Then, I have to go to court again if successful? Dear me.

[Amethyst]

So, this hearing is to see if I can get a set aside granted? Then, I have to go to court again if successful? Dear me.

That's about the size of it.

This is following on from this case - https://legalbeagles.info/forums/for...ms-help-please - just for reference.

a few years back i sold a car to a guy for £16.5k. I was rushing on hols that night, I let him go with the car after banks were shut, he couldnt do wire and left deposit of £500.
I held the V5 book thinking it would give me legal hold over car until i got full payment. We signed agreement etc.


Few days later he wired £13k, said car was not worth the £16.5k agreed.I said no prbs, give me the car back and i refund the deposit, he was having none of it. So, basically wanted cake and eat it.

So, I launched a small claim for the 3 grand.

What was his counterclaim for ? He'd already got a reduction in the price from £16.5k to £13k ( without agreement ) so was he claiming that work was needed on the vehicle as well as not being worth the original agreed price?

Have you drafted your defence to the counterclaim ? ( Do you actually have a copy of the defence and counterclaim the other side submitted ?)

As it had gotten to a hearing one assumes Directions Questinnaires were filed - that's the point when the counterclaim defence is likely to have gone in - it might be worth checking with the court and seeing if they can send you copies of all the documents - they may charge you for this.... or see if you can get everything from your previous Solicitors so you're not going in blind without knowing exactly what your Solicitors did before the failed hearing.

You will need to demonstrate to the court you have a reasonable prospect of success if they set aside the claim and allow it to proceed.

yes, i instructed them to file the claim of £3k.
Yes, I got copy of claim submitted and defence, but was not aware of the counterclaim at that time.
Yes, I got copy of judgement order from first hearing, it was a counterclaim + costs (£1750 + 500), total amount payable actually £2250. As my claim was struck out as I was not able to attend as I could not get flight to london in 24 hours notice. (I live in N.Ireland)

So, in my set aside app I said I could not travel due to short notice change and the fact my legal representation did not make it clear to me the high cost of representation until day before court date and I was granted a set aside and new hearing was set for 7th Sep 2018. That was the one i didnt know about it.
The court is now aware that my previous legal representation are no longer.

This is actually a second set aside application? The first judgment was made at a hearing as you didn't attend due to travel issues, then you ( the solicitors?) applied to set that judgment aside and failed to tell you the date of the hearing... so again you didn't attend, and this is a further set aside application for the same original judgment?

[pt2537]

Yes, indeed i agree with Ame here, the order clearly states that this hearing is t o consider your application, it wont be automatically allowed, it will need you to persuade the Judge that he can set the order aside, and that it would be right to do so etc, its by no means a given that the application will be allowed.

To be able to give you any guidance at all, we would need to see your application so we can see the grounds on which you rely, and more importantly we can consider whether the app has a chance of success, and whether further evidence may be needed