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A small amount of background.
My father-in-law was a resident in an old people's home and after becoming ill he was sent to hospital. Due to deterioration he was moved to a care home and passed away early last-year.
When we went to collect his belongings the owners of the home had emptied his room and placed the items in a community room on one day, moved to the homes hair salon the next day and finally moved them into a shed at a later date. In those days two boxes marked (by them) with the word "valuables" went missing.
Trying to cut a long story short, we had paid for his room until the end of the month and had no opportunity to go and remove his property before they emptied his room in the time before his occupancy ran out. He often carried some bits and pieces in a small green cloth bag (no valuables) and their defence had been that they never saw any valuables in his room, they never put the property into boxes marked valuables (the carer who emptied his room told us what she had done, then wrote a statement contradicting this for the defence) but specifically; when he went to hospital he had his green bag with him. I raised the point that as they had a duty of care and that they are now claiming his valuables were in the green bag, why would you let a man who has had a stroke go to hospital carrying that property?
Anyway, we made a claim through small claims and they failed to answer in time and so we were awarded the judgement.
A month after, we contacted the court to find out what we hold now do and they informed us that the defendant had asked for the order to be set aside as they had filed paperwork and sent it by recorded delivery.
We received paperwork telling us that the appeal to have the award set aside will take pace on April 4th but looking at the paperwork (the claimant is my wife) they have asked for the judgement to be set aside against a Mrs. Hughes. This is not her name and is typical of the attitude we have received from them all through this.
The advice I am requesting is; If we don't turn up and the judgement is set aside.....who is it set aside against? If we do turn up and the judgement isn't set aside, could they appeal against the decision as they would have it set aside against an unknown person?
I'm feeling pedantic about this because I am still angry at the way my father-in-law was treated and don't want to make this easy for them.
So if we turn up at court and the request to set aside the ruling is against the wrong name, by turning up we have shown we assume it's our case, but if we don't show up we can't contest the appeal to set it aside....and if it is set aside do we then appeal because the ruling isn't related to us/the claimants name?
Finally on a related note, postage of the documents by the defendant even if by recorded mail is not proof of receipt. If the documents were signed for do they have to prove who the signer was and that they work for the court?
Okay, I think I have set it out the best I can, any advice offered would be appreciated.
Cheers and apologies for my ramblings!
My father-in-law was a resident in an old people's home and after becoming ill he was sent to hospital. Due to deterioration he was moved to a care home and passed away early last-year.
When we went to collect his belongings the owners of the home had emptied his room and placed the items in a community room on one day, moved to the homes hair salon the next day and finally moved them into a shed at a later date. In those days two boxes marked (by them) with the word "valuables" went missing.
Trying to cut a long story short, we had paid for his room until the end of the month and had no opportunity to go and remove his property before they emptied his room in the time before his occupancy ran out. He often carried some bits and pieces in a small green cloth bag (no valuables) and their defence had been that they never saw any valuables in his room, they never put the property into boxes marked valuables (the carer who emptied his room told us what she had done, then wrote a statement contradicting this for the defence) but specifically; when he went to hospital he had his green bag with him. I raised the point that as they had a duty of care and that they are now claiming his valuables were in the green bag, why would you let a man who has had a stroke go to hospital carrying that property?
Anyway, we made a claim through small claims and they failed to answer in time and so we were awarded the judgement.
A month after, we contacted the court to find out what we hold now do and they informed us that the defendant had asked for the order to be set aside as they had filed paperwork and sent it by recorded delivery.
We received paperwork telling us that the appeal to have the award set aside will take pace on April 4th but looking at the paperwork (the claimant is my wife) they have asked for the judgement to be set aside against a Mrs. Hughes. This is not her name and is typical of the attitude we have received from them all through this.
The advice I am requesting is; If we don't turn up and the judgement is set aside.....who is it set aside against? If we do turn up and the judgement isn't set aside, could they appeal against the decision as they would have it set aside against an unknown person?
I'm feeling pedantic about this because I am still angry at the way my father-in-law was treated and don't want to make this easy for them.
So if we turn up at court and the request to set aside the ruling is against the wrong name, by turning up we have shown we assume it's our case, but if we don't show up we can't contest the appeal to set it aside....and if it is set aside do we then appeal because the ruling isn't related to us/the claimants name?
Finally on a related note, postage of the documents by the defendant even if by recorded mail is not proof of receipt. If the documents were signed for do they have to prove who the signer was and that they work for the court?
Okay, I think I have set it out the best I can, any advice offered would be appreciated.
Cheers and apologies for my ramblings!
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