After every email I sent, every signed for delivery letter and final
notice of legal proceedings and never receiving a reply or
acknowledgement I issued a claim in the County Court which also went unanswered. I thus received I thus had judgment by default.

The defendant has now applied to have the judgement aside 9 months after
I received judgment by default. They're blaming their solicitors who acknowledge missing deadlines to respond etc. and have given a witness statement admitting liability.

I have received notice of the date and time the hearing will be held
before a judge. My question is will I have any opportunity to set out
my own reasons for opposing the set aside application? Or, do I just
have to listen to them saying why it should be set aside with no
opportunity to respond?

Malcolm

--- SoupGate-Win32 v1.05
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On 30/01/2025 19:31, Malcolm Loades wrote:

After every email I sent, every signed for delivery letter and final
notice of legal proceedings and never receiving a reply or
acknowledgement I issued a claim in the County Court which also went unanswered.  I thus received I thus had judgment by default.

The defendant has now applied to have the judgement aside 9 months after
I received judgment by default.  They're blaming their solicitors who acknowledge missing deadlines to respond etc. and have given a witness statement admitting liability.

I have received notice of the date and time the hearing will be held
before a judge.  My question is will I have any opportunity to set out
my own reasons for opposing the set aside application?  Or, do I just
have to listen to them saying why it should be set aside with no
opportunity to respond?

Malcolm

Yes, you should attend the hearing and prepare a calculation of the
costs you have incurred in attending that hearing. If judgment is set
aside it would be normal for the judge to award you the wasted costs,
payable within 14 days.

You should be ready to explain the chronology to the court. Prepare a
bundle of pre-action correspondence to show that you gave the defendant
an opportunity to negotiate prior to proceedings. Be ready to explain
that you would be prejudiced by judgment being set aside, eg the
evidence is now more stale, if you think that is something that can
reasonably be argued.

--- SoupGate-Win32 v1.05
* Origin: fsxNet Usenet Gateway (21:1/5)

The Todal <the_todal@icloud.com> wrote in news:m06ojhFkv76U1@mid.individual.net:

On 30/01/2025 19:31, Malcolm Loades wrote:

After every email I sent, every signed for delivery letter and final
notice of legal proceedings and never receiving a reply or
acknowledgement I issued a claim in the County Court which also went
unanswered.  I thus received I thus had judgment by default.

The defendant has now applied to have the judgement aside 9 months
after I received judgment by default.  They're blaming their
solicitors who acknowledge missing deadlines to respond etc. and have
given a witness statement admitting liability.

I have received notice of the date and time the hearing will be held
before a judge.  My question is will I have any opportunity to set
out my own reasons for opposing the set aside application?  Or, do I
just have to listen to them saying why it should be set aside with no
opportunity to respond?

Malcolm

Yes, you should attend the hearing and prepare a calculation of the
costs you have incurred in attending that hearing. If judgment is set
aside it would be normal for the judge to award you the wasted costs,
payable within 14 days.

I wonder, was that actually what you meant? I'd expect an award of costs
to the creditor if the judgement was _not_ set aside and the judgement
was confirmed.

You should be ready to explain the chronology to the court. Prepare a
bundle of pre-action correspondence to show that you gave the
defendant an opportunity to negotiate prior to proceedings. Be ready
to explain that you would be prejudiced by judgment being set aside,
eg the evidence is now more stale, if you think that is something that
can reasonably be argued.

Sensible, I would only add that the debtor blaming the sol should not
make the inaction acceptable, the procedings will have been served on the defendant and so it would be their responsibility that appropriate
responses were made to the claim. "I'm being sued, what is the progress
on this issue?"

--- SoupGate-Win32 v1.05
* Origin: fsxNet Usenet Gateway (21:1/5)

On 02/02/2025 18:05, Peter Walker wrote:

The Todal <the_todal@icloud.com> wrote in news:m06ojhFkv76U1@mid.individual.net:

On 30/01/2025 19:31, Malcolm Loades wrote:

After every email I sent, every signed for delivery letter and final
notice of legal proceedings and never receiving a reply or
acknowledgement I issued a claim in the County Court which also went
unanswered.  I thus received I thus had judgment by default.

The defendant has now applied to have the judgement aside 9 months
after I received judgment by default.  They're blaming their
solicitors who acknowledge missing deadlines to respond etc. and have
given a witness statement admitting liability.

I have received notice of the date and time the hearing will be held
before a judge.  My question is will I have any opportunity to set
out my own reasons for opposing the set aside application?  Or, do I
just have to listen to them saying why it should be set aside with no
opportunity to respond?

Malcolm

Yes, you should attend the hearing and prepare a calculation of the
costs you have incurred in attending that hearing. If judgment is set
aside it would be normal for the judge to award you the wasted costs,
payable within 14 days.

I wonder, was that actually what you meant? I'd expect an award of costs
to the creditor if the judgement was _not_ set aside and the judgement
was confirmed.

Yes, it really was what I meant. If judgment in default is set aside it
is normal to award the costs of that hearing to the claimant.

This assumes that the defendant had notice of the proceedings and could
have filed a defence but foolishly failed to take action and judgment
was entered. And was then able to persuade a judge that actually he has
a reasonable defence to the claim so that judgment was set aside. So the
time of the claimant and the court has been needlessly wasted.

You should be ready to explain the chronology to the court. Prepare a
bundle of pre-action correspondence to show that you gave the
defendant an opportunity to negotiate prior to proceedings. Be ready
to explain that you would be prejudiced by judgment being set aside,
eg the evidence is now more stale, if you think that is something that
can reasonably be argued.

Sensible, I would only add that the debtor blaming the sol should not
make the inaction acceptable, the procedings will have been served on the defendant and so it would be their responsibility that appropriate
responses were made to the claim. "I'm being sued, what is the progress
on this issue?"

The solicitors will probably have to compensate their client but they
probably want to go through the motions of applying to set judgment aside.

--- SoupGate-Win32 v1.05
* Origin: fsxNet Usenet Gateway (21:1/5)

On 30/01/2025 19:31, Malcolm Loades wrote:

After every email I sent, every signed for delivery letter and final
notice of legal proceedings and never receiving a reply or
acknowledgement I issued a claim in the County Court which also went unanswered.  I thus received I thus had judgment by default.

The defendant has now applied to have the judgement aside 9 months after
I received judgment by default.  They're blaming their solicitors who acknowledge missing deadlines to respond etc. and have given a witness statement admitting liability.

Admitting liability, (is this in full), and still requesting the
Judgment is set aside? That sounds very strange.

I have received notice of the date and time the hearing will be held
before a judge.  My question is will I have any opportunity to set out
my own reasons for opposing the set aside application?  Or, do I just
have to listen to them saying why it should be set aside with no
opportunity to respond?

As per Todal's suggestions. Except the Defendant should provide the
basis of their request. I suggest you counter each point referencing
your evidence.

I would also add that if their solicitor has been negligent towards
their client then the Defendant will have a claim against them.

My concern is; did you serve the summons and papers at the solicitor's
address, or that of the defendant. If the former, and without any communications that you could serve at the solicitor's address then I
can perhaps see the defendant being successful. It depends if the
solicitor has a duty to the court or yourself to inform you of your
error. Perhaps Todal can indicate if this is the case?

Are you wiling to share the amount in question? I can only see costs outweighing any advantage on the part of the defendant.

--- SoupGate-Win32 v1.05
* Origin: fsxNet Usenet Gateway (21:1/5)

On 02/02/2025 22:55, The Todal wrote:

On 02/02/2025 18:05, Peter Walker wrote:

The Todal <the_todal@icloud.com> wrote in
news:m06ojhFkv76U1@mid.individual.net:

On 30/01/2025 19:31, Malcolm Loades wrote:

After every email I sent, every signed for delivery letter and final
notice of legal proceedings and never receiving a reply or
acknowledgement I issued a claim in the County Court which also went
unanswered.  I thus received I thus had judgment by default.

The defendant has now applied to have the judgement aside 9 months
after I received judgment by default.  They're blaming their
solicitors who acknowledge missing deadlines to respond etc. and have
given a witness statement admitting liability.

I have received notice of the date and time the hearing will be held
before a judge.  My question is will I have any opportunity to set
out my own reasons for opposing the set aside application?  Or, do I
just have to listen to them saying why it should be set aside with no
opportunity to respond?

Malcolm

Yes, you should attend the hearing and prepare a calculation of the
costs you have incurred in attending that hearing. If judgment is set
aside it would be normal for the judge to award you the wasted costs,
payable within 14 days.

I wonder, was that actually what you meant? I'd expect an award of costs
to the creditor if the judgement was _not_ set aside and the judgement
was confirmed.

Yes, it really was what I meant. If judgment in default is set aside it
is normal to award the costs of that hearing to the claimant.

This assumes that the defendant had notice of the proceedings and could
have filed a defence but foolishly failed to take action and judgment
was entered. And was then able to persuade a judge that actually he has
a reasonable defence to the claim so that judgment was set aside. So the
time of the claimant and the court has been needlessly wasted.

In that case, should the OP arrange to be represented for this
particular hearing? It seems that, whatever the result, the OP will have
(most of) his costs paid. Being represented enhances the OP's chances of persuading the court to reject the set aside application.

Plus, tactically, if the defendant's solicitors realise they will have
to pay significant costs for the hearing they might decide not to go
ahead after all?

You should be ready to explain the chronology to the court. Prepare a
bundle of pre-action correspondence to show that you gave the
defendant an opportunity to negotiate prior to proceedings. Be ready
to explain that you would be prejudiced by judgment being set aside,
eg the evidence is now more stale, if you think that is something that
can reasonably be argued.

Sensible, I would only add that the debtor blaming the sol should not
make the inaction acceptable, the procedings will have been served on the
defendant and so it would be their responsibility that appropriate
responses were made to the claim. "I'm being sued, what is the progress
on this issue?"

The solicitors will probably have to compensate their client but they probably want to go through the motions of applying to set judgment aside.

Compensation would be a bit complicated, as it would need an assessment
of the merits of the defence?

--- SoupGate-Win32 v1.05
* Origin: fsxNet Usenet Gateway (21:1/5)