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  • Re: Default judgement.

    From Jon Ribbens@21:1/5 to TTman on Tue Nov 26 10:03:45 2024
    On 2024-11-25, TTman <kraken.sankey@gmail.com> wrote:
    Me and my friend again... are helping out another woman who obtained
    default judgement back in August last year for yet another 'bad' installation. The debtor asked for a 14 day delay so he could appeal the judgement/get it set aside, but never did. There is a registered CCJ . I
    have reseached the time allowed for setting aside a judgement and I find
    that the norm is 14 days, but could be extended to 28 days in
    exceptional circumstances.
    Is there any chance he could come back to court after 15 months and ask
    for it to be set aside? I have to be sure he can't before we move on to
    help this lady enforce her claim.

    You can never say never, but my feeling is that it would be a bit
    unlikely. Provided that there wasn't some fundamental error that
    invalidates the default judgment (e.g. it has happened to me in
    the past that I had filed an acknowledgement of service, but the
    court lost it, so a default judgment was issued in error), the
    judgment is unlikely to to be set aside.

    The defendant can certainly "come back to court" and *apply* for
    it to be set aside, but they would have to have a good reason why
    it should be, and the court will consider whether the application
    had been made "promptly". I would suggest that 15 months is the
    opposite of promptly.

    https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

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  • From The Todal@21:1/5 to TTman on Tue Nov 26 10:35:53 2024
    On 25/11/2024 16:53, TTman wrote:
    Me and my friend again... are helping out another woman who obtained
    default judgement back in August last year for yet another 'bad' installation. The debtor asked for a 14 day delay so he could appeal the judgement/get it set aside, but never did. There is a registered CCJ . I
    have reseached the time allowed for setting aside a judgement and I find
    that the norm is 14 days, but could be extended to 28 days in
    exceptional circumstances.
    Is there any chance he could come back to court after 15 months and ask
    for it to be set aside? I have to be sure he can't before we move on to
    help this lady enforce her claim.



    I don't agree that you have to be sure he can't.

    If he applied to set aside the judgment he would have to show good
    reason for making his application. If he had never had notice of the proceedings that might be a good reason but that doesn't apply to your situation.

    If he managed to get judgment set aside he would almost certainly have
    to pay the costs thrown away. Including enforcement costs.

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