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I a looking to have an order set aside for non-attendance at

a trial. I am told...
I a looking to have an order set aside for non-attendance at a trial. I am told by the Court that if the ''Claimant (me) wishes to make an application for the order to be set aside he must do so on notice and pay the fee as per CPR 39.3''. I have reviewed CPR 39.3 and am sure that I ''qualify'' on a number of points. That said there is no guidance as to how to proceed. Is there a Court application form that needs to be completed? There is also no indication of what the fee might be! BotXXXXX XXXXXne what do I need to do and how much is it going to cost me..Many thanks.
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Answered in 54 minutes by:
5/20/2013
Matthew J
Matthew J, Solicitor
Category: UK Law
Satisfied Customers: 671
Experience: 4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
Verified

Matthew J : Hi I will try and help
Matthew J : can you tell me a bit more about what the judgement is for, and how it has came to be made against you ?
Customer: I am seeking repayment of a loan of 7,500 to a contact. The debtor is disputing that this was a loan. My claim was struck off due to my non-attendance at the Court Hearing. I live in Istanbul and the Hearing was in the UK. I told the Court Manager a number of times, by email, that I was unable to travel to the UK for the Hearing. The Court claimed that as I did not file an official application to have the Hearing scheduled it appropriate to go ahead. I am contesting this decision and from reading CPR 39.3 I believe I have a good chance of succeeding and indeed prevailing in my claim..
Matthew J : hi Sorry for the delay
Matthew J : the form you require is N244
Matthew J : you can find this here
Matthew J : http://www.justice.gov.uk/courts/procedure-rules/civil/forms
Matthew J : as to the fees a general application fee without notice is £80
Matthew J : see attached
Matthew J : http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf
Matthew J : see page 5
Matthew J : Hi. I hope that this has assisted you. Do you have any follow up questions?
Matthew J
Matthew J, Solicitor
Category: UK Law
Satisfied Customers: 671
Experience: 4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
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Customer reply replied 4 years ago
You did indeed assist me. I had to do some research on CPR 39.3 but my N244 has been submitted with documentation addressing the relevant sections in CPR 39.3 and hopefully justifying a judgement set aside.I have a rather more complicated question which, if you can provide assistance, would merit an ''excellent servic'' and a bonus. Over the past 2 years I have bought equipment from a UK company, a subsidiary of a UK AIM lsited company. which it has now become clear has both design and manufacturing faults. The design is that of the UK equipment supplier and the manufacturing fault that of a Dutch company. I will address the latter but would like ideas on how to address the former. Why--because without going into detail here, I and my company have suffered severe financial loss which I can clearly define and document. In Ireland the Defective Products Act covers something like this but what is my recourse in the UK. We are talking about 50k's worth of equipment and 200k plus of fınancial damage so this isn't small claims court stuff. By the way there is another player. A UK based equipment finance company actually purchased the equipment on behalf of the UK company who onsold the product to me so they did not finance the latter company but from getgo owned the equipment ie they had the purchase contract with the manufacturer. Could the finance company have any liability in this matter?
Hi,

can I just check

1) you buying the items for use in the course of your business?

2) was the equipment used when you bought it, or new but second hand?

3) did you have a written contract with the finance company for the purchase of the goods?
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Customer reply replied 4 years ago

1) yes.this is a vibration training platform called TrueVibe. We sell to sports clubs, gyms, hospitals for rehab etc etc. And we also use in our own (owned) fitness studio.


2) 100% new


3) we purchased the equipment from TrueVibrations UK...We paid a company (Sackville) that is owned by the UK finance company Conance based in High Barnet) and wired the money directly to them. I need to check whether we were invoiced by TrueVibe or Sackville...Conance has a contract with a Dutch company (AP Nederland) who assembled the TrueVibe machine and purchased machines directly from them which I assume means that Conance actually owns the machines and not TrueVibrations.I think the arrangement was that each time TrueVibrations sold a machine, Conance would release the machine to the purchaser and TrueVibrations would pay a few hundred Euros to Conance.

Customer reply replied 4 years ago

I replied to your questions and have not heard from you since.

Hi sorry for the delay.

The equivalent act under UK legislation is the Sale of Good and Supply of Service Act 1982 (as variously amended). This act covers all contracts made between parties, and inserts and implication into all contracts that the good should be of "satisfactory quality". If you have a written contract that excludes or limits their liability under this act however then you would have to consider this as it is the contract that is paramount here.

Usually an action against a business by another business for loss suffered as a result of faulty products is run with two attacking arguments - first under the provisions of he 1982 act; and secondly by way of breach of contract at common law

The framework of ownership before the products get to you is rather complex and it would take a bit of time by the lawyer your eventually instruct in drilling into the detail of the various set ups to establish for sure who holds the legal liability, but on the face of it it appears to be TrueVibrations UK.

I trust this assists but please ask any follow up questions
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Matthew J
Matthew J, Solicitor
Category: UK Law
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