AL59 PPI Claim - Natwest **REFUNDED**

[Al59]

Re: Won by Default

They couldnt register the judgement as I had made a mistake of putting the name of the bank in the address box so I had to make an application to change it but you are right the original judgement was given on july 11th I had a letter from the court on Sept 6th saying the case was referred to District judge for directions It can take 3-4 weeks to receive a resonse. That was the last I heared until this letter from Cobbetts today.

[thephoenix]

Re: Won by Default

ok. I'm a little confused.
You issued the claim through MCOL? but you mention the return of your N1 claim form. How did you raise your initial claim?
Why do you think judgment by default has been given?

[Al59]

Re: Won by Default

I did claim through MCOL The judgement by default was given because they did not enter a defence within the 28 days even though they said they intended to
defend all of the claim

[thephoenix]

Re: Won by Default

so they waited 11 weeks to apply to have it set aside. :devil: not promptly in my book.

in the judgment order, did it state how long they have to set aside? it's usually 7 / 14 days.
and when they had to settle the claim in full?

[Al59]

Re: Won by Default

No time scale, Letter from the court on 18 july telling me they could not register the judgement because of the mistake I had made and I had to File an N244 and pay another £35.00 I think that Cobbetts have made this move because the judgement has only been registered now

[thephoenix]

Re: Won by Default

right.
I think you need to ring your local court and ask them if the original judgment date stands? if not, the date the judgment was issued?
if more than, say 14 days ago, mention the CPR 13.3 (2) ( a couple of posts back) and the fact that cobbetts have not submitted any evidence in support of their application.
you could request it be struck out pursuant to (take your pick (1) or (2) )

CPR3.4 (1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.
(2) The court may strike out a statement of case if it appears to the court –
(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;
(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or
(c) that there has been a failure to comply with a rule, practice direction or court order.


According to CPR 3.6 (1) A party against whom the court has entered judgment under rule 3.5 may apply to the court to set the judgment aside.
(2) An application under paragraph (1) must be made not more than 14 days after the judgment has been served on the party making the application.

Just a few thing to think about

[Al59]

Re: Won by Default

Just rang court they explained to me that the original judgement still stands but because I had to apply myself to set aside the judgement so as I could rectify the mistake I had made. When they receive direction from the district judge it will probably all start over again. As people on the site know I work away from home all the time and I do get disgruntled when I am not here to act on things when I get home its a mad rush to catch up and mistakes are made.

[thephoenix]

Re: Won by Default

i know what you. the court process is about timing and you could become unstuck if your not careful.
The DJ may allow there application to have it set aside if you don't object, so I would oppose it immediately.
It may mean doing an n244 application and another £35, one of the mods should direct from here.
Hope i have been of some help, albeit a little confused at the beginning :rolleyes:

[Paule]

Re: Won by Default

Have you had confirmation that your amendments have been done and the Judgement by default re-registered?

[Al59]

Re: Won by Default

I have had no letters from the court confirming my amendments have been done and the judgement by default reregistered, having said that we have been having
real problems with the mail getting other peoples letters and other people getting ours

[Guest]

Re: Won by Default

It is possible to fight the set aside, but if you do so, you risk the Court departing from the usual rule of the defendant being ordered to pay the costs thrown away in the event that the set aside is granted.

If the defendant was unaware that service has been deemed to have occurred, the defendant in this situation should be entitled to have the judgment set aside as of right on the grounds that he had received no notification of the proceedings and was therefore a stranger to them.

In Law v St Margarets Insurance Ltd [2001] the Court of Appeal allowed judgment in default to be set aside despite the defendant’s solicitors’ procedural errors in failing to file an acknowledgment of service and in failing to ensure that the statement of truth in relation to the evidence in support of the application was signed by the right person. The overriding objective required that the default judgment be set aside in order to enable the merits of the defence to be determined. In Lloyds Investment (Scandinavia) Ltd v Ager-Hansen (2001) a default judgment was set aside on the ground that the defendant had a real prospect of success.

With regard to their proposed application to set aside, I suggest that you would be better off not objecting to it. If you contest this (and that would require you attending a hearing) and the set aside is granted, which is likely, then you may be liable for Cobbetts costs.

Furthermore, it is practically unheard of for an application for a set aside to fail where a judgment in default was obtained.

I would not object to the set aside and would send Cobbetts something like this.

Dear

I am in receipt of your letter of (date)

I note that you intend to apply for a set aside of the judgment granted on 11 July 2007.

I will state now that I will raise no objection to your application provided that it is made with liberty to restore and dependant upon my receiving your defence to this claim within 14 days of the date of this letter and that you file a copy of the same with the Court.

Kindly therefore let me have your defence directly as well as filing your copy with the court.

I look forward to your reply.

Yours etc

[Al59]

Re: Won by Default

Sincere thanks Cetelco for your help,I will get the letter off today before I leave. Would it be worth a call to the court asking if they sent me confirmation that the ammendments had been done?

[Guest]

Re: Won by Default

You should confirm that the claim has been correctly filed and request copies of the new N1.

Having said that, if you filed an N244 to amend your claim, you should have completed the form and detailed the changes you wanted to make and sent or taken this to the court along with a completed N1 claim form with the corrected details.

The Court then amend the details, re-seal the claim and return it to you and it is your responsibility to re-serve it on the defendant. You should already have a copy of the sealed N1, with the amended details because it would have been your responsibility to serve it on the defendant, the Court will not do it for you.

Once you have served the claim yourself, you should have send the Court a completed N205 Certificate of Service along with a copy of the new N1 so the court knows when the defendant needs to respond.

Did you do this?

[Al59]

Re: Won by Default

Filed N244 to amend claim with changes also completed N1 with amended details I had nothing back from the court with amended details all I had was a letter from the court saying the case was referred to a district judge today for directions that letter was dated September 6th I have had nothing sealed from the court/

[Al59]

Re: AL59 PPI Claim - Natwest

Here we go again, Just had letter from Cobbetts with Allocation Questionaire attached,in the box G Other information It says.

Pusuant to CPR PART 3.4 (2) (A) the Defendant would ask the court to strike out the claim. The Claimant has not shown that they have reasonable grounds for bringing the claim and despite theDefendant requesting that the Claimant remedy the lack of particularity pleaded in the particulars of claim within 14 days the Claimant has failed to do so. The Defendant therefore respectfully requests that the claim be struck out.

If the Court is not minded to strike out the Claimants claim, on the papers, the Defendant would ask the court to list this matter for hearing to deal with the issue of whether the Claimant has a reasonable prospect of bringing the claim


Then H have you attached the fee for filing this allocation questionare NO ?

So thats it guys would appreciate some input to this from you good people