Adjournment of court hearing - Please help. URGENT

[RtoR]

I have applied for a judgement set aside of a defended claim and the judge has set a hearing date for next week, however, the claimant would like to adjourn this hearing and is asking for consent. Do i have to consent to this. The claimant is now saying if I don't consent they will apply to the court and apply the cost for myself. What are my options, I don't want to adjourn the hearing ?

[nemesis45]

Re: Adjournment of court hearing - Please help. URGENT

I have applied for a set aside of a defended claim and the judge has set a hearing date for next week, however, the claimant would like to adjourn this hearing and is asking for consent. Do i have to consent to this. The claimant is now saying if I don't consent they will apply to the court and apply the cost for myself. What are my options, I don't want to adjourn the hearing ?

Hi why do they want to adjourn the hearing?
Under what terms do they seek the adjournment, e.g. for a fixed time 14-28 days or " sine die " ( another day)

Why would you contest the adjournment e.g. The other party has already had enough time to get their case together?

nem

[RtoR]

Re: Adjournment of court hearing - Please help. URGENT

This is the email I received from then on Friday :

We have received the application which you have made to have the judgment obtained against you set aside. This is due for hearing on 31^st May next.

Unfortunately we do not believe that the hearing can proceed on that date for the following reasons:

1. Our Mr X who attended the last hearing and had conduct of your case is not available on that date.
2. Mr X will need to prepare a statement in response to your own.
3. It will be necessary to obtain a transcript of the last hearing.

Would you, therefore, kindly confirm that you agree to an adjournment and directions to be given for the statement from Mr X and the transcript of the last hearing to be obtained. We will then write to the Court accordingly and send you a copy so that you may notify the Court of your agreement. The Court will then hopefully cancel the hearing on 31^st May and set a new date.

[MIKE770]

Re: Adjournment of court hearing - Please help. URGENT

exactly = they have had enough time

[RtoR]

Re: Adjournment of court hearing - Please help. URGENT

And this is the email I received this morning:

We refer to our e-mail of 20^th May and note that we have not heard from you. May we please now do so as a matter of urgency failing which we shall have to apply to the court to adjourn the hearing on 31^st May and, if the Court agrees to the adjournment, will seek the costs of the application from you.

- - - Updated - - -

I think they're in a bit if a panic because my application to have the judgement set aside wasn't denied outright

[RtoR]

Re: Adjournment of court hearing - Please help. URGENT

At the small claims hearing they got me to accept a consent order that I did not understand and had no chance of getting legal advice and had no legal representation. I want this over sooner rather than later. I've asked to put in a defence which I wasn't allowed to do before this judgment and they are up in arms about it.

- - - Updated - - -

Would they have access to the reasons I have put forward to have the judgement set aside.

[nemesis45]

Re: Adjournment of court hearing - Please help. URGENT

[QUOTE=RtoR;649897]This is the email I received from then on Friday :

We have received the application which you have made to have the judgment obtained against you set aside. This is due for hearing on 31^st May next.

Unfortunately we do not believe that the hearing can proceed on that date for the following reasons:

****In my opinion it is probable that judge would grant an adjournment here. you don't want to be stuck with costs, a new date need to be set I would suggest 28 days from 31/05/2016.****

nem

[RtoR]

Re: Adjournment of court hearing - Please help. URGENT

Can I do anything to prevent them from getting this adjourned PLEASE ?

[nemesis45]

Re: Adjournment of court hearing - Please help. URGENT

Can I do anything to prevent them from getting this adjourned PLEASE ?

As said if you don't agree, the adjournment would be to put your reasons to the court.

Do you have good reason to oppose?

nem

[RtoR]

Re: Adjournment of court hearing - Please help. URGENT

Well they have a judgement against me which will be on my credit report which I believe is on unfair grounds. I am making credit applications currently and this is definitely a block for me. I need it sorted sooner rather than later. Is this a valid reason. In fact I prefer to have it sorted within the next few days before the 28 days are up.

[nemesis45]

Re: Adjournment of court hearing - Please help. URGENT

Well they have a judgement against me which will be on my credit report which I believe is on unfair grounds. I am making credit applications currently and this is definitely a block for me. I need it sorted sooner rather than later. Is this a valid reason. In fact I prefer to have it sorted within the next few days before the 28 days are up.

What was the original claim and what were your grounds for set aside and defence to the original claim?

Was this judgment default, how/why did this happen?

Wanting more credit is not helpful at this point.

Why do you consider that the matter appearing on credit files is " unfair"?



nem

[RtoR]

Re: Adjournment of court hearing - Please help. URGENT

The claim was brought about by solicitors who represented me a few years ago. Then 1.5 years later they sent me an invoice I wasn't expecting. Then they brought to it to the small claims court. I sent in a defense and it went to hearing. At the court just before the hearing the solicitor approached me and agreed a settlement amount, so the hearing did not take place and I signed a consent order to pay this settlement amount. I then lost my job and was not able to pay. But I did not understand all of the consent order which apparently said that I would get a judgement for the whole amount if I did not pay the settlement amount. So this is what they have done. I did not understand this part of the consent order, I did but have legal advice or legal representation, so this and pressure to agree is what I have based my grounds for set aside and I would like a chance to put in a defence as to why I do not agree with the full amount. The judge has agreed a hearing for the set aside of the judgement and this is the hearing they would like to adjourn. But I want this resolved sooner rather than later. And I have approached them with the settlement amount once again which they have rejected.

[nemesis45]

Re: Adjournment of court hearing - Please help. URGENT

The claim was brought about by solicitors who represented me a few years ago. Then 1.5 years later they sent me an invoice I wasn't expecting. Then they brought to it to the small claims court. I sent in a defense and it went to hearing. At the court just before the hearing the solicitor approached me and agreed a settlement amount, so the hearing did not take place and I signed a consent order to pay this settlement amount. I then lost my job and was not able to pay. But I did not understand all of the consent order which apparently said that I would get a judgement for the whole amount if I did not pay the settlement amount. So this is what they have done. I did not understand this part of the consent order, I did but have legal advice or legal representation, so this and pressure to agree is what I have based my grounds for set aside and I would like a chance to put in a defence as to why I do not agree with the full amount. The judge has agreed a hearing for the set aside of the judgement and this is the hearing they would like to adjourn. But I want this resolved sooner rather than later. And I have approached them with the settlement amount once again which they have rejected.

.

Ok
Given that information I don't think ( personally) that a judge will not agree to an adjournment , opposing will land you with fees.

nem

[Amethyst]

Re: Adjournment of court hearing - Please help. URGENT

Same case as -> http://legalbeagles.info/forums/show...452#post646452 ???

The full amount they are asking for is £7000, I admit to around £1500 and I accepted to pay £2000 just to cover other fees that they bargained.

Is the judgment for the £7000 ? and for solicitors fees ?

[RtoR]

Re: Adjournment of court hearing - Please help. URGENT

Hi yes it is