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I could really use some advise.
My wife and I have raised a claim due to monies owed for a security deposit which was not returned after an event.
The debtor had issued an acknowledgement of service. However after the given allocated time no defence was received. we waited an extra week before apply for judgement by default through MCOL which was granted.
We decided the best way of approaching the situation was to call the debtor to court to for questioning. we filed a N316 and then successfully served the debtor with a N39. the court date was set and we were waiting the 7 days until we filed a EX140 at the court. during this period we have received correspondence from the court stating that the judgement had been set aside due to error however no explanation of the error was given. Attached to the letter was a copy of the debtors defence (we had not seen this until this point) the defence was signed and dated on the very last day it could have been received by MCOL. I do not see that this would have been sent in time and believe that the judgement should still stand.
I believe that this error could have been raised by the transfer of claim from one court to another, where the defence was seen to have been filed in time due to the date it was signed (however potentially not received in this time)
the claim is still active on MCOL and no notes are shown stating that the judgement had been set aside.
Im really stuck with what to do now. do we still go to court to fill out a EX140? how do we find out what the "error" is? Can we dispute the error and have the the Judgement reinstated?
Any advice anyone could give is greatly appreciated.
Many thanks
My wife and I have raised a claim due to monies owed for a security deposit which was not returned after an event.
The debtor had issued an acknowledgement of service. However after the given allocated time no defence was received. we waited an extra week before apply for judgement by default through MCOL which was granted.
We decided the best way of approaching the situation was to call the debtor to court to for questioning. we filed a N316 and then successfully served the debtor with a N39. the court date was set and we were waiting the 7 days until we filed a EX140 at the court. during this period we have received correspondence from the court stating that the judgement had been set aside due to error however no explanation of the error was given. Attached to the letter was a copy of the debtors defence (we had not seen this until this point) the defence was signed and dated on the very last day it could have been received by MCOL. I do not see that this would have been sent in time and believe that the judgement should still stand.
I believe that this error could have been raised by the transfer of claim from one court to another, where the defence was seen to have been filed in time due to the date it was signed (however potentially not received in this time)
the claim is still active on MCOL and no notes are shown stating that the judgement had been set aside.
Im really stuck with what to do now. do we still go to court to fill out a EX140? how do we find out what the "error" is? Can we dispute the error and have the the Judgement reinstated?
Any advice anyone could give is greatly appreciated.
Many thanks
