Help please hearing in 10days but no allocation from court ?

[Lighthouse]

Please can someone help? Have I missed a step?

I issued a claim online against a company using a basic POC and received a default judgement in my favour,

Was expecting to file my detailed POC but did not as I received the default judgment from the online court along with a copy of the company's late defence, with directions to strike out the judgement at my cost. I called the local court and was told to wait until I had been allocated a hearing date.
I've received no allocation questionnaire and no directions? I now have
a hearing date within 10days. My concern is that I have not had the chance to file my detailed POC, Please can you advise what I should do ?you help is greatly appreciated.

[charitynjw]

Re: Help please hearing in 10days but no allocation from court ?

Hi Lighthouse

Is this Small Claims? Fast Track?
You have been given a hearing date. Did you receive a Notice of Allocation from the court? Were there directions?

[Lighthouse]

Re: Help please hearing in 10days but no allocation from court ?

Hi Lighthouse

Is this Small Claims? Fast Track?
You have been given a hearing date. Did you receive a Notice of Allocation from the court? Were there directions?

Hi thanks for getting back to me
It is small claims and I did not receive a notice of allocation and no directions !

thanks

[charitynjw]

Re: Help please hearing in 10days but no allocation from court ?

How were you informed of the hearing date?

[Lighthouse]

Re: Help please hearing in 10days but no allocation from court ?

Hi I received
a Notice of Hearing Application with the Date set
thanks

[charitynjw]

Re: Help please hearing in 10days but no allocation from court ?

Is it a preliminary hearing?

[Lighthouse]

Re: Help please hearing in 10days but no allocation from court ?

There's no mention of it being a preliminary hearing ?

[charitynjw]

Re: Help please hearing in 10days but no allocation from court ?

If the hearing has been allocated, you should have the venue details.
Have you contacted them (allocated court) to query this lack of direction?

[Amethyst]

Re: Help please hearing in 10days but no allocation from court ?

It sounds like a hearing to hear the application to setaside, so you'd need to defend the strike of the judgment, or consent to it - Did you receive a copy of the other sides application to set aside the judgment ?

If you indicate you will file detailed particulars then that needs to be done within 14 days and the time scales for default judgment shouldn't really begin until you have done so. I think we need a bit more background on this to be able to help more. If its a set aside then you'd be better off just consenting to the set aside as the hearing could attract costs ( limited unless they show you have acted unreasonably ) and accepting the defence and allowing the claim to proceed from there. That they have defended may mean you didn't say further particulars were required to be served so you may need to amend, really depends what you put as the claim, and what their defence is.

[Lighthouse]

Re: Help please hearing in 10days but no allocation from court ?

If the hearing has been allocated, you should have the venue details.
Have you contacted them (allocated court) to query this lack of direction?

Good evening
I contacted them and was told I received hearing dates once allocated.

[Lighthouse]

Re: Help please hearing in 10days but no allocation from court ?

It sounds like a hearing to hear the application to setaside, so you'd need to defend the strike of the judgment or consent to it - Did you receive a copy of the other sides application to set aside the judgment ?

If you indicate you will file detailed particulars then that needs to be done within 14 days and the time scales for default judgment shouldn't really begin until you have done so. I think we need a bit more background on this to be able to help more. If its a set aside then you'd be better off just consenting to the set aside as the hearing could attract costs ( limited unless they show you have acted unreasonably ) and accepting the defence and allowing the claim to proceed from there. That they have defended may mean you didn't say further particulars were required to be served so you may need to amend, really depends what you put as the claim, and what their defence is.

Good evening

I received a copy of the judgment from the court and the others sides application to set aside the judgement along with their defence both arrived by post on the same day. It was the first communication I had from the other side.

I think you are correct about the particulars as it's mentioned in their defence how can I amend it at this stage?

[pt2537]

Re: Help please hearing in 10days but no allocation from court ?

Something isnt right here, if you had judgment then you should have recieved a judgment order from the Court?

The Defendant will need to apply to set aside judgment under CPR 13.3 and will need to show a good prospect of success in defending the Claim.

Have you been served with the Defence? if so what does it say? and have you been served with the notice of the hearing of the Defendants application and a copy of the application?

[Amethyst]

Re: Help please hearing in 10days but no allocation from court ?

It sounds like default judgment was requested and awarded and the defendant got their application to set aside put in immediately. Think Paul and lighthouse were typing st the same time there xxx

What grounds have the defendants given for the set aside application ?
Are you happy to consent and allow the defence ? Usually they would submit their draft defence with the set aside app and be allowed to file and serve it after judgment set aside. If part of their defence is lack of particulars ten you may wish to consent and either issue the further particulars or apply to amend the original particulars

Obviously we're working blind here as we don't know anything about the case or what your particulars or their set aside app said, but in relation to the hearing question it sounds like a set aside hearing.

[pt2537]

Re: Help please hearing in 10days but no allocation from court ?

It sounds like default judgment was requested and awarded and the defendant got their application to set aside put in immediately. Think Paul and lighthouse were typing st the same time there xxx

What grounds have the defendants given for the set aside application ?
Are you happy to consent and allow the defence ? Usually they would submit their draft defence with the set aside app and be allowed to file and serve it after judgment set aside. If part of their defence is lack of particulars ten you may wish to consent and either issue the further particulars or apply to amend the original particulars

Obviously we're working blind here as we don't know anything about the case or what your particulars or their set aside app said, but in relation to the hearing question it sounds like a set aside hearing.

I think youre right Sharon, we were both typing at the same time it seems

I think really we need to know alot more about this case before we can even look at consenting to set aside judgment, the judgment may be entirely regular and in accordance with the rules, the underlying claim may be sound, there may be no reason to consent to setting aside, we just dont know.

So i think we need more info about this case

[Diana M]

Re: Help please hearing in 10days but no allocation from court ?

I issued a claim online against a company using a basic POC

. . . Was expecting to file my detailed POC but did not as I received the default judgment from the online court along with a copy of the company's late defence

What are you claiming from this company and why are you claiming it?

Now you've received their Defence can you say on what basis are they hoping to contest your claim. Is it because they feel they don't owe you any money or some other reason such as the wrong company name in the POC etc?

Has the Company/Defendant instructed solicitors?

Di