Default Judgement - mishandled

[teaboy2]

Re: Default Judgement - mishandled

Good luck, sorry i had not come across your thread before now. Hopefully things go your way today though.

[kneadhelp]

Re: Default Judgement - mishandled

I attended the court before the time stated.
I then sat around for 3hrs before it came before a court clerk.
The matter was not held before a judge - the court clerk required that i answer questions as in 'the financial questioning' i responded by stating that as i had complied previously with the court directions - i had copies of emails, and letters i had sent, and that the court had failed to consider those, she suspended the financial questionning, and relisted the application to set aside judgement to the 1st of May.

The Claimant attended the financial questioning with 2 friends who all sat in on the 'hearing'.
The Court person also introduced a "rrd party debt order' whih she had actioned last week - i had not seen this, and the order was for the whole sum, and addressed to a bank with whom i have never had an account.
I also noted and asked the court officer (in charhge of the questionning) where and when the 3rd party order had been sent, and she replied i don't know, i've not read the case file.
On closer inspection, she informed me it had gone to the wrong address in the uk.

* why or how do you get a 3rd party debt order for a bank branch in uk i have never used,
And as the financial questionning to date, has not verified any bank use i have, what was the point?
Can the claimant bring friends into a court hearing - none were legally identified as representatives, though the behaviour and conduct in court was akin to a 'swaggering fool' laughing and smiling whilst i was asked, and replying to legal questions of the case.

I have a clear plan - assess my evidence and re submit the application to set aside judgement, on May 1st - i believe i have an arguable case, or something a ljudge would consider as 'arguable'.

I am at a loss as to balance the appalling manner in which legal protocols have been ignored by court staff, which the judge acknowledged in writing when offering further directions, last year.
I feel less scared now, not particularly confident, but irrespective of outcome, i will not be bullied or intimidated.

*this was typed on a mobile device, so excuse the typos*

[SpringerSpaniel]

Re: Default Judgement - mishandled

There is a presumption in favour of a judgement in default being set aside, if an application is made for this. This should work in your favour. You alos have to show that you have a defence you would have wanted to put forward had you had the chance, and that it is of sufficient merit that the court should consider it in order to be adequately fair and comply with CPR 1.1

If your ex partner continues to causse you problems, the new provisions against stalking may help you.