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Judgment by default in my favour not defended, they have now applied to set aside
I suffered damage from a boiler installation that caused leaks onto a floor and ceiling and floor below.
Company - Northern Gas heating failed to deal with issue. Ended up sending a letter before action then raised a MCOL. They ignored, got judgment by default but now they have woken up and sent in an application to set aside.
They couldn't respond before because - and I quote "due to our receptionist being off sick this was not franked and sent off within the requierd time frames". They then state some defence points which don't dispute the fact that they caused the damage just how much the repairs should cost ( despite my independent quotes).
Anyway my question is what is
a) the time frame it will take to get the setting aside hearing looked at
b) Should I object
c) What are the chances that it will be granted. I would have thought that as a small to medium company they really have no excuse to not respond, they are not claiming anything other than they were going to send the papers back on the last possible day to do so but didn't put a stamp on - doesn't that mean the whole mcol process is ineffective?
d) Is an arguable defence enough to get it set aside
e) out of interest if its not set aside and then upheld guessing this will be more than a month from first judgment so will it then stay on their record for 6 years
Thanks for reading this far and even more thanks if you reply!
Company - Northern Gas heating failed to deal with issue. Ended up sending a letter before action then raised a MCOL. They ignored, got judgment by default but now they have woken up and sent in an application to set aside.
They couldn't respond before because - and I quote "due to our receptionist being off sick this was not franked and sent off within the requierd time frames". They then state some defence points which don't dispute the fact that they caused the damage just how much the repairs should cost ( despite my independent quotes).
Anyway my question is what is
a) the time frame it will take to get the setting aside hearing looked at
b) Should I object
c) What are the chances that it will be granted. I would have thought that as a small to medium company they really have no excuse to not respond, they are not claiming anything other than they were going to send the papers back on the last possible day to do so but didn't put a stamp on - doesn't that mean the whole mcol process is ineffective?
d) Is an arguable defence enough to get it set aside
e) out of interest if its not set aside and then upheld guessing this will be more than a month from first judgment so will it then stay on their record for 6 years
Thanks for reading this far and even more thanks if you reply!
