UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

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

Customer Question
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: 5 months ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 4 minutes by:
11/9/2017
Solicitor: Jamie-Law, Solicitor replied 5 months ago
Jamie-Law
Jamie-Law, Solicitor
Category: UK Law
Satisfied Customers: 6,725
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.

Ask Your Own UK Law Question
Customer reply replied 5 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 5 months ago

You want a call?

Ask Your Own UK Law Question
Customer reply replied 5 months ago
Hi Jamie, at the moment I can't afford the call as it is a further £49.
Solicitor: Jamie-Law, Solicitor replied 5 months ago

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

Ask Your Own UK Law Question
Customer reply replied 5 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 5 months ago

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

Ask Your Own UK Law Question
Customer reply replied 5 months ago
How am I best proceeding with this?
Solicitor: Jamie-Law, Solicitor replied 5 months ago

Have you lodged an application to set aside?

Ask Your Own UK Law Question
Customer reply replied 5 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 5 months ago

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

Ask Your Own UK Law Question
Customer reply replied 5 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 5 months ago

What date is your application?

Ask Your Own UK Law Question
Customer reply replied 5 months ago
30 october
Solicitor: Jamie-Law, Solicitor replied 5 months ago

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

Ask Your Own UK Law Question
Was this answer helpful?
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9,232
9,232 Satisfied Customers
Experience: Qualified Solicitor - Please start your question with For Ben Jones

Ben Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,232 satisfied customers

Qualified Solicitor - Please start your question with For Ben Jones

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,756 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,490 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
I called the police this morning on 999 after my ex who
i called the police this morning on 999 after my ex who still lives in the property smashed up my tv and scared me they didn't really do anything though and were at my property less than 2 minutes … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,873 satisfied customers
Due to personal issues a year ago I sent my horse out on
Hi, due to personal issues a year ago I sent my horse out on loan which fell through, at the time I was struggling financially, the yard owner of the yard she was at said she had a friend that would b… read more
Jamie-Law
Jamie-Law
Solicitor
6,725 satisfied customers
You connected me to a lawyer but do you know what law he is
Hi Pearl you connected me to a lawyer but do you know what law he is a specialist of there are lots of laws I need criminal/malpractice one medical malpractice … read more
Peter Collins
Peter Collins
Barrister
Bar Professional Training Course
1 satisfied customers
Royal Borough of Greenwich School in Thamesmead,London
Royal Borough of Greenwich School in Thamesmead,London SE280EA has a playground the size of a full sized football pitch which has trees on Thamesmead land owned by Peabody Estates where the roots have… read more
Jamie-Law
Jamie-Law
Solicitor
6,725 satisfied customers
Continuing on the subject of police deletion: If I hire a
Continuing on the subject of police deletion :If I hire a defence lawyer how much disclosure of the investigation do the police have to give… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,873 satisfied customers
I don't know where to start. Uk. I'll try and make it
I'll try and make it simple. I was arrested 10 years ago whilst married for underage pornographer … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
190 satisfied customers
My boyfriend was living with me and then we broke up. He
My boyfriend was living with me and then we broke up . He left without paying me the rent he owed . So I have kept his bike and said he can only have it back once he has paid up . He has threatened me… read more
Ben Jones
Ben Jones
UK Lawyer
9,232 satisfied customers
I had been buying coins from the london mint, i would call
hi, i had been buying coins from the london mint, i would call and make a specific payment, which unknown to me was placed against another order, over and over again each time the operator advised tha… read more
Jamie-Law
Jamie-Law
Solicitor
6,725 satisfied customers
I am trying to assess whether I have any rights against my
Hi - I am trying to assess whether I have any rights against my former employer for pay prior to my effective date of termination - they went into a CVA on that date and I was made redundant … read more
Jenny Mackenzie
Jenny Mackenzie
Vocational, Technical or Trade Scho
2,756 satisfied customers
You are confusing me I need to speak to UK laywer you keep
Hi Pearl you are confusing me I need to speak to UK laywer you keep connecting me to USA laywres please i do not need your help … read more
Jamie-Law
Jamie-Law
Solicitor
6,725 satisfied customers
Suspension of an employee - what points need to be covered
Suspension of an employee - what points need to be covered and information provided when suspending an employee over sexual misconduct pending investigation? … read more
Jenny Mackenzie
Jenny Mackenzie
Vocational, Technical or Trade Scho
2,756 satisfied customers
If an employee accidentally incurred a CCJ on the company
If an employee accidentally incurred a CCJ on the company record after missing the deadline due to overwork, other peoples lack of support in the matter is this misconduct? … read more
Ben Jones
Ben Jones
UK Lawyer
9,232 satisfied customers
We are a Parish Council and discussed a proposed new Policy.
Hi. We are a Parish Council and discussed a proposed new Policy. There were only minor changes needed to the draft Policy and we undertook to amend the draft accordingly and present at the next meetin… read more
Jamie-Law
Jamie-Law
Solicitor
6,725 satisfied customers
I have a Socail worker. Uk. Basically I'm in a resederntral
Basically I'm in a resederntral home with my new born baby girl with my partner I have mental health and I previously gave up my 7 year old son which I could no longer take care of because I got unwell because of my mental health so I was section in hospital so now I have a new partner so I got pregnant now I'm the local authority put us here it's a assessment placement for us, so basically I was hungry one morning and the staff here said give your phone to me and I will order u some food from hungry house so she orderd me a pizza wich I wanted I clearly opened up a fresh page on my iPhone and got the takeaway page up ,, so I went to the my room now they are saying they saw porn on my phone which is not true how can I be on porn if I've just had a baby on the 21 of March this year I Evan checked my history on my phone to see if I've been on porn. So now the staff here are saying they saw it and they quickly ignored it,, so my Socail worker came, the other day every thing we do basically the staff has to report it back to the Socail worker and the staff told the Socail worker that there was porn on my phone … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
Second opinion] I have a Socail worker, Uk, Basically I'm in
Basically I'm in a resederntral home with my new born baby girl with my partner I have mental health and I previously gave up my 7 year old son which I could no longer take care of because I got unwell because of my mental health so I was section in hospital so now I have a new partner so I got pregnant now I'm the local authority put us here it's a assessment placement for us, so basically I was hungry one morning and the staff here said give your phone to me and I will order u some food from hungry house so she orderd me a pizza wich I wanted I clearly opened up a fresh page on my iPhone and got the takeaway page up ,, so I went to the my room now they are saying they saw porn on my phone which is not true how can I be on porn if I've just had a baby on the 21 of March this year I Evan checked my history on my phone to see if I've been on porn. So now the staff here are saying they saw it and they quickly ignored it,, so my Socail worker came, the other day every thing we do basically the staff has to report it back to the Socail worker and the staff told the Socail worker that there was porn on my phone … read more
Peter Collins
Peter Collins
Barrister
Bar Professional Training Course
1 satisfied customers
I have bought a massage chair from massage chair store on
hi ,i have bought a massage chair from massage chair store on internet and i have paid for it total payment about 174 USD since 19th jan 2018 , and till now i did not receive the order , and tracking … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
190 satisfied customers
I have an interim charging order from 2009 on my property. I
Hello I have an interim charging order from 2009 on my property … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
190 satisfied customers
Dies a hospital in Britain have the legal right to prevent
Dies a hospital in Britain have the legal right to prevent parents from taking their son out of the hospital if thry feel they can no longer do anything medically for the child? … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
190 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x