acknowledgement of service not recieved

[Angela Hogarth]

Re: acknowledgement of service not recieved

This is the witness statement I have written. Is this ok? My concern is that the original Judgement for claimant is dated 5 June and we are now on 3 August. Will this look bad? I wasnt even aware that we could ask for the judgement to be set aside until Saturday

1. I make this witness statement in support of the application for an order that the judgement in this case ( claim no ************ Judgement dated 3 June 2015 ) be set aside.
2. 
   CPR 13.3 states (1) In any other case, the court may set aside or vary a judgement entered under part 12 if -
   a) the defendant has a real prospect of successfully defending the claim ; or
   b) it appears to the court that there is some good reason why -
   I) the judgement should be set aside or varied or;
   ii) the defendant should be allowed to defend the claim.
3. 
   I learnt the existence of this claim on 5 June 2015 when I received a letter from the County Court Money Claims Centre stating the transfer of proceedings and that judgement for the claimant had been passed as no acknowledgement of service had been filed. ( exhibit A )

4.
On 5 June 2015 I telephoned the claimant's solicitor asking for details of this case and copies of all relevant documentation. He was unable to provide a copy of the acknowledgement of service.

1. 1. No further correspondence has been received from the claimant's solicitor.

1. 1. I therefore ask that the Courts set aside the judgement in this claim and allows 14 days for me to submit my defence due to the reasons in paragraphs above.