Should I apply for judgement to be set aside or continue as it stands

[vickydumbell]

A suspended possession order was granted in December witha review hearing held in March.

Just before review, discrepancies were noticed and were attempted to be brought up at the review hearing, however the judge only had 5 mins so asked that we submit a witness statement and listed the hearing for a further review which is to be in June.

Further to our witness statement the claimant is suggesting that this be ignored as judgement has already been made.

Should we continue as it is and hope that the judge considers the witness statement after judgement has been passed or should we apply to have the judgement set aside and submit the defence in support of that aplication.

[Amethyst]

Re: Should I apply for judgement to be set aside or continue as it stands

Difficult to say without knowing the background or knowing what discrepencies there are. A copy of the witness statement would probably help. If you have a further review in June and the Judge has the witness statement with the discrepencies noted then I would expect continuing with that plan is a good idea. Have the claimants submitted anything further to the court to counter your claims in the witness statement?

[vickydumbell]

Re: Should I apply for judgement to be set aside or continue as it stands

The new solicitors reply doesn't really answer all the questions in the witness statement and it has answered my allegation to fraud in relation to the legal charge and not the cca.

They have relied more on the fact that it should be struck out as judgement was already made in December.

I have uploaded copies of my witness statement and their reply on http://www.legalbeagles.info/forums/...ad.php?t=22415

I am more worried that the defence will be ignored as judgement was set and so wondered if I should apply for the judgement to be set aside rather than wait until June and just wait and see waht happens and rely on the judge looking at the witness statement