Stalling ?

[des8]

Re: Stalling ?

Well done!

His "proper legal advice" should have been sought at the beginning, and should imo now tell him to pay up before the HCEOs visit.
I would now release the dogs (oops HCEOs) to recoup your dues.

[mickeyboy]

Re: Stalling ?

Hi guy's ,Just won my court case again following the defendants application to have the order set aside ,He said it was not a good enough excuse to say he failed to get the letter containing the court date ,and if he did overturn it ,he would still not have won on the evidence he was going to supply ,He said he is now going to seek proper legal advice ,more fool him ,Am i right now in saying i can send in the HCEO ,,,,Thanks again for all the advice you all gave me ....

[des8]

Re: Stalling ?

Allocation questionnaire.
After the AQ is sent back the court is allocated etc etc.
Perhaps he got the AQ but not the next set of directions

[mickeyboy]

Re: Stalling ?

What is A Q ?

That refers to the "claim form", which he received as he lodged a defence.

He missed the court hearing, and is claiming the reason is that he had not received the AQ.
He has to convince the judge that he is telling the truth, and that he has a chance of winning the case if it is reheard.
When you write to the court do so in the form of a witness statement, and enclose your evidence opposing his application.
You may need to show the original judgement was sound ie your claim was good
You dealt with the individual and did not contract with a (now dissolved) company
That the reason for he application is unsound i.e. although the defendant may not have received documentation directly from the court, he had received from you (your WS etc) and a prudent person would have followed this up with an enquiry to the court

[des8]

Re: Stalling ?

That refers to the "claim form", which he received as he lodged a defence.

He missed the court hearing, and is claiming the reason is that he had not received the AQ.
He has to convince the judge that he is telling the truth, and that he has a chance of winning the case if it is reheard.
When you write to the court do so in the form of a witness statement, and enclose your evidence opposing his application.
You may need to show the original judgement was sound ie your claim was good
You dealt with the individual and did not contract with a (now dissolved) company
That the reason for he application is unsound i.e. although the defendant may not have received documentation directly from the court, he had received from you (your WS etc) and a prudent person would have followed this up with an enquiry to the court

[mickeyboy]

Re: Stalling ?

Found this ...The Defendant Says That He Never Received the Claim Form

The law on service of court documents states that:

• if the court sends the defendant a claim form at his usual or last known address; and,
• it is subsequently returned to the court as un-delivered;

the claim form has still been validly served and the claimant is entitled to a regular default judgment.Therefore, even if the defendant can persuade the judge that he never received the claim form, the judgment was still regular as a matter of law. However, it may provide an explanation for the defendant’s failure to respond to the claim.

Thanks for reply Des8 ,I did not request a default judgement,I went to court ,the defendant did not ,The judge read my evidence and awarded me General form of judgement,and he had to pay me on a set date ,He has filled in form N244 Stating he has not had notice of a court hearing date and wants the judgement set aside ...as from the attachments you can also see his attempt of submitting some more evidence ,which are totally untrue ,I think i will have to write to the court objecting to him asking for it to be set aside ,What do i do about the HCEO ? i have already started the procedure and paid the fee's for collection ,as of my earlier post regarding proof of him signing for the evidence i would use in the court ,do you think i should inform the court about this ?So he ignored the court date and he ignored my evidence ?The court has set a date for his hearing on the 17th of march , I am so stressed about all this new stuff ,and sorry for burdening you with it .and on his application ,question 5 ,how do you want this application dealt with ? he has put an x in all 3 boxes ?

[mickeyboy]

Re: Stalling ?

Thanks for reply Des8 ,I did not request a default judgement,I went to court ,the defendant did not ,The judge read my evidence and awarded me General form of judgement,and he had to pay me on a set date ,He has filled in form N244 Stating he has not had notice of a court hearing date and wants the judgement set aside ...as from the attachments you can also see his attempt of submitting some more evidence ,which are totally untrue ,I think i will have to write to the court objecting to him asking for it to be set aside ,What do i do about the HCEO ? i have already started the procedure and paid the fee's for collection ,as of my earlier post regarding proof of him signing for the evidence i would use in the court ,do you think i should inform the court about this ?So he ignored the court date and he ignored my evidence ?The court has set a date for his hearing on the 17th of march , I am so stressed about all this new stuff ,and sorry for burdening you with it .and on his application ,question 5 ,how do you want this application dealt with ? he has put an x in all 3 boxes ?

I suppose if he is running a business from his house the local authority might be interested (business rates?) in the commercial use of domestic premises (change of use?).
His insurers might also have a view on this, and he will naturally be declaring his earnings to HMRC.

Regarding the set aside application I wonder if the court will even accept it.
You didn't get a default judgement, because the case went to trial. You didn't request a default judgement did you?
He just didn't turn up, but I expect the judge read your submissions and his defence and decided in your favour. Is that what happened?
If so he needs to appeal, not apply for set aside.

If one applies for and obtains a default judgement when a claim has been acknowledged and a defence submitted, it is classed as irregular and must be set aside on request.

My understanding could be wrong so I hope some more knowledgeable beagles will comment on this.

[des8]

Re: Stalling ?

I suppose if he is running a business from his house the local authority might be interested (business rates?) in the commercial use of domestic premises (change of use?).
His insurers might also have a view on this, and he will naturally be declaring his earnings to HMRC.

Regarding the set aside application I wonder if the court will even accept it.
You didn't get a default judgement, because the case went to trial. You didn't request a default judgement did you?
He just didn't turn up, but I expect the judge read your submissions and his defence and decided in your favour. Is that what happened?
If so he needs to appeal, not apply for set aside.

If one applies for and obtains a default judgement when a claim has been acknowledged and a defence submitted, it is classed as irregular and must be set aside on request.

My understanding could be wrong so I hope some more knowledgeable beagles will comment on this.

[mickeyboy]

Re: Stalling ?

Thanks Des8 ,i have just found a site on ebay where the defendant is selling motorcycle parts he acquired from a sale at a motorcycle shop ,coincidence ? it gives his contact details from his house ,Would he have to register this as a business ?
I am going to the court tomorrow with a letter stating that i sent him my evidence and that he did know about the court date ,This man can lie for England

[des8]

Re: Stalling ?

TSR (uk) Ltd was dissolved earlier this year, but was trading when that letter was written.
It will be interesting to produce for the court proof that he should have known about the court dates.
However he is claiming he was awaiting court instructions, but it will be obvious to everyone that a normal person would have made enquiries from the court on receipt of your papers. (so I doubt they will be impressed!)

[mickeyboy]

Re: Stalling ?

I do not know if they are the same company or not ,I had never heard about any of them until the defendant mentioned them ,That letter tell's me it's still trading ,but i have looked it up and there is a active proposal to strike off .....As to his grievance with the court stating he never got a court date ,Well i sent him all my evidence 14 days before the court case as instructed by the court ,telling him i intend to rely on this evidence on the 19th of january ,the court date ,He signed for the package on the 6th of january ,I have all the tracking details from the post office ,so he can't really deny he did not know ?

[wales01man]

Re: Stalling ?

Is the company who wrote the letter in 2015 the same one dissolved in 2016?
If it is and the judge agreed they were the buyers what does this do to the case?

[des8]

Re: Stalling ?

Basically his defence is that he is the wrong defendant and you dealt with a company called TSR(UK) Ltd
In support he includes an interesting letter from TSR (UK) [not TSR(UK) Ltd].(scan 4)
There is nothing on that letter to show it is a limited company,although that is what is claimed in the application.
In the body of the letter (Dated Oct 2015) they say TSR(uk) ltd is an active and trading company.

There are records for 2 x TSR (UK) Ltd, but one was dissolved in 2012, the other in 2016.
If the letter is from an existing company it must include (in letter heading or wherever) the following

• the company’s registered number
• its registered office address
• where the company is registered (England and Wales, Scotland or Northern Ireland)
• the fact that it’s a limited company (usually by spelling out the company’s full name including ‘Limited’ or ‘Ltd’)`

IMO that application doesn't contain sufficient new evidence to counter your claim, and it is telling that the letter has only been written AFTER he lodged his defence and after your reply to that defence. He is introducing new evidence (a letter) which should probably be in the form of a witness statement, and so might not be admissible.

Be interesting to see what others think (please?)

[Kati]

Re: Stalling ?

got them

[Kati]

Re: Stalling ?

email to kati@legalbeagles.info & attach document.

Put thread title in the subject box.

@Kati - have I got that right?

yup :nod: xx