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I received a judgement but no summons. As the claimant was a…

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Hi, I received...

Hi, I received a judgement but no summons. As the claimant was a law firm, I took their word that there was nothing I could do once the judgment had been entered and agreed a plan to make payment. I was ill at the time of the judgement and was undergoing tests. I have since realised that I could have had the judgement set aside and defended it due to evidence of negligence on their part in the case. My concern is that the Practice rules state - (2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

It's a money claim. I have applied to have it set aside and the hearing is on Monday. The original case involved a claim on my part for payments due to be returned from an escrow fund - a fund that my solicitor paid into not checking whether it was an account beyond use of the parties to the account.

Lawyer's Assistant: What action has been taken so far? What's your ideal outcome?

They have judgement against me and have engaged High court enforcement officers. I have had the writ stayed and applied for the judgement to be set aside. My ideal outcome at this stage is for the judgement to be set aside and i be allowed to defend the claim.

Submitted: 9 months ago.Category: UK Law
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Answered in 4 minutes by:
11/9/2017
Solicitor: Jamie-Law, Solicitor replied 9 months ago
Jamie-Law
Jamie-Law, Solicitor
Category: UK Law
Satisfied Customers: 7,663
Experience: Solicitor
Verified

Hello my name is ***** ***** I will will help tou.

What is it you want to achieve? Do you have any defence to the claim?

It may be the morning when I reply.

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Customer reply replied 9 months ago
hi Jamie,I want at least to get the judgement set aside so that I can defend the claim.
1. I never received the claim form
2. I asked for advice from a solicitor in a late firm who passed me onto another lawyer withn ithe firm, who supposedly was an expert in commercial property law and litigation. However, even asking the simplest questions seemed to elicit the response that she would need to review my lease and seek advice from another solicitor in the firm. Days would go by and I would have to chase her up. On a couple of occasions I got a long email explaining what I already knew, which did not answer the question i had asked, which was usually about a section 146 notice or forfeiture of my lease. I have since received bills totalling £1300 for her week. £550 of which has been paid and the balance is the subject of this case.
3 I did not complain at the time because I had a lot of other thing going on in my life, I was diagnosed with Prostate Cancer at that time and my partner’s father was terminally ill leaving her to look after him together with the stress that the situation casued.
4. I did not receive the original claim, but as the solicitors told me there was nothing I could do about the judgement, i agreed a payment plan in july. We agreed that I would be very busy from end August to end of October and would not be in a position to make payment until late October, early November. However, they engaged a High Court enforcement officer in September and I had to go to court to get a stay of execution and apply for the judgment to be set aside.
5. They are saying I have no prospect of defending the case, that because I agreed a payment plan that I have not be applied promptly to set aside the judgement and have no prospect of success.
6. Part of my defence is my health, the fact that I have paid over half the claim anyway, that they told me I couldn’t set the judgement aside, that they have created work for themselves and charged for it when a very simple answer would have sufficed. They have failed to address the escrow issue in the lease, whereby the landlord can take from the escrow account at will. A question that was never answered. They have also failed to answer why the heads of terms has been varied in drafting the final lease in the landlords favour.i hope this isn't too much of a scatter gunned approach for you.Kind Regards
Adrian
Solicitor: Jamie-Law, Solicitor replied 9 months ago

You want a call?

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Customer reply replied 9 months ago
Hi Jamie, at the moment I can't afford the call as it is a further £49.
Solicitor: Jamie-Law, Solicitor replied 9 months ago

when was the judgment? When did you find out about it?

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Customer reply replied 9 months ago
The judgement was dated 13th July 2017, I found out about it on 28th July and contacted the claimant. Paragraph 4 of my previous post explains what happened next. p
Solicitor: Jamie-Law, Solicitor replied 9 months ago

Thanks, ***** ***** what is it to want to ask me?

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Customer reply replied 9 months ago
How am I best proceeding with this?
Solicitor: Jamie-Law, Solicitor replied 9 months ago

Have you lodged an application to set aside?

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Customer reply replied 9 months ago
The hearing is on Monday at 10 o'clock. The information from the solicitor is their response to my application .
Solicitor: Jamie-Law, Solicitor replied 9 months ago

So you have made the application already and set out your reasons. You have asked how to proceed but on what basis?

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Customer reply replied 9 months ago
I have read and the other side state that because it is approximately 80 days since judgement I might have difficulty in saying that the application has been done promptly. I've given my reasons for this as set out in paragraph 4 above. Do you think I should say anything else? Secondly do I have to give ALL the evidence of how I would defend it in a witness statement today or just the outline ?
Solicitor: Jamie-Law, Solicitor replied 9 months ago

What date is your application?

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Customer reply replied 9 months ago
30 october
Solicitor: Jamie-Law, Solicitor replied 9 months ago

So why did you wait from 28/7 until 30/10 to make the application?

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