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I think that a default hearing that I won was taken back by…

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I think that a default...
I think that a default hearing that I won was taken back by breach. What do you advise as I want it back. and then i want to continue the case.
Submitted: 8 years ago.Category: UK Law
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Answered in 1 hour by:
6/22/2010
Solicitor: UK-Justice, Barrister replied 8 years ago
UK-Justice
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16,193
Experience: Called to the Bar in 2007
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-Could you explain your situation a little more?
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Customer reply replied 8 years ago
The CPR 12 were satisfied and the defendants Barrister, used 12 (a) receptionist did not pass on document to the right office, as a reason for the default. From what I have read in the CPR that is Fraud, but as they won't accept fraud, I get to take the default back. Yes or what else?
Solicitor: UK-Justice, Barrister replied 8 years ago
I really do not understand what you are saying. Please try and speak in clear English sentences.

You have judgement in default? Are you claimant or defendant? And what now do you want to achieve?
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Customer reply replied 8 years ago

I am the claimant and have a Judgment in Default. The Judgment of default was, as far as I am concerned taken back erroenously. The defendants somehow made an application for a hearing, a Judge to my surprise granted them a hearing to set the default aside, however, from what I have read. It should not have happened. I would like to claim the default Judgment back. Additional information. I was off sick just before the hearing.

 

I already think that I am right, but would like to see some support before I hand in the information.

Solicitor: UK-Justice, Barrister replied 8 years ago
No, an application to set aside will ALWAYS be heard - but not necessarily granted.

If the hearing has happened and you have not attended you need to write to the Court and ask that the matter be re-heard.

However, the Defendant only needs to show he may have some argument against your claim - it will not be a trial at an set aside hearing.

If you lose, the Defendant will be required to file a defence, then the claim allocated and proceed to trial.
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