County court hearing

[PlanB]

Re: County court hearing

I have a county court hearing come out of the blue for next Thursday 15th sept

How long is the hearing listed for?

If it's a short one (say 10 minutes) it may be for the DJ to give Directions.

You must go to the hearing or the court may exercise its discretion to strike out your application if it decides you have little or no prospects of success with the set-aside.

That's why I asked if you have filed a Witness Statement with Exhibits to back up your application which the DJ should be able to see before you enter the room.

Plan B x

[BuzzyBee]

Re: County court hearing

And I didn't realise I could of asked claimant for consent to set aside to avoid hearing many thanks

That would have been before filing your N244 application, not just to avoid a hearing but to avoid making the application to start with. They probably wouldn't have agreed and then you would have had to follow the process you've followed anyway. Set aside applications are usually dealt with at a hearing because both sides need to present their side of the story to the court. Unlike requesting default judgment, this isn't just an administrative process. In principle, you should have requested a hearing when you made your application, even though you didn't, a hearing is required so the court has listed one. The hearing is your opportunity to put your points forward and explain why you think the judgment should be set aside.

[BuzzyBee]

Re: County court hearing

Hiya hoist portfolio 2 holding Ltd and their solicitors are Cohen's I originally sent acknowledgment of service but didn't send defence off in time so I had a default judgment against me however I applied to the court to have judgment set aside with an n244 and sent a defence letter asking them to prove the debt and asking for accounting for the interest I didn't tick the hearing box but I've got a hearing anyway
Many thanks

You have to be prepared to explain why you didn't file your defence in time, that will probably be one of the first questions to be asked, and if your explanation is not satisfactory, the court may refuse your application.

Most set side applications are for default judgments where the defendant was not aware of the claim, the court papers were sent to the wrong address, etc. If you acknowledged service but failed to file a defence because of illness, bereavement, a family emergency, you had to travel for work on short notice, etc. you need to make that clear.

[BuzzyBee]

Re: County court hearing

Hi no I haven't had any letters from hoist or Cohen's I paid Over 200 pounds with n244 and I am not a home owner the original said debt was 7-5 k but they've added interest and charges and hiked it up to nearly 11k Many thanks

Just one thing to bear in mind, as it stands now, you've got a judgment of nearly £11k against you. If your set aside application is successful, it's not the end of the line. It simply puts you back in the position you were in before the claim was issued, and the claimant can re-activate the claim. The idea of setting aside the judgment is to give you the opportunity to defend the claim.

With the amount being over the small claims threshold (currently £10k), any new case will very likely be allocated to the fast track. Unlike small claims, where costs are only awarded against the losing party in exceptional circumstances, in the fast track they are routinely awarded against the losing party. That means if something went wrong, you would be liable for the claimant's costs as well as the debt. On a more positive note, it also means you could get a solicitor to take your case on a CFA (Conditional Fee Agreement) basis, provided they see your chances of winning as being good.

[BuzzyBee]

Re: County court hearing

Hiya hoist portfolio 2 holding Ltd and their solicitors are Cohen's I originally sent acknowledgment of service but didn't send defence off in time so I had a default judgment against me however I applied to the court to have judgment set aside with an n244 and sent a defence letter asking them to prove the debt and asking for accounting for the interest I didn't tick the hearing box but I've got a hearing anyway
Many thanks

Your defence has to be a bit more substantial than that. It's a bit late to ask them to prove the debt. Did you ever send a CCA request that wasn't complied with, or dispute this account in any way? Even if you were able to find a reason to challenge the interest, you'd still be left with the original debt to defend.

[Never-In-Doubt]

Re: County court hearing

Try not to worry. I've passed through to Solicitor & she'll be in touch. You've seen & replied to emails so you know it's in hand now.

Don't worry about the questions on here - Jo will keep you right if there's anything that can be done. It looks daunting but a chat with Jo will help get over the relevant points required to assess your case.

[rgally64]

Re: County court hearing

Hiya niddy thanks for your help so far I have spoken to jo she seems to think I've a fair chance and having a solicitor adds a fair bit of weight just got to weigh it up the risks as if it goes to a full blown trial costs can easily escalate to several thousand pounds quite worrying to think of
At the end of the day this hoist portfolio2 have sent me no previous correspondence prior to putting a claim in and I have seen cases where in similar situations they and Cohen's have backed down before a trial
many thanks Robert

[PlanB]

Re: County court hearing

I have spoken to jo she seems to think I've a fair chance and having a solicitor adds a fair bit of weight just got to weigh it up the risks as if it goes to a full blown trial costs can easily escalate to several thousand pounds

The risk of the other sides costs always has to be factored into any decision on whether to go it alone as a LIP or not even when you have a good case.

Plan B x

[Never-In-Doubt]

Re: County court hearing

So are you fighting it with Jo's help?

[rgally64]

Re: County court hearing

Hiya yes jo has been assisting me don't want to say too much at this stage but it's looking promising

[Pixie]

Re: County court hearing

Hiya yes jo has been assisting me don't want to say too much at this stage but it's looking promising

Good

[Roger]

Re: County court hearing

Couldn't be in better hands! Now relax!

[nanna58]

Re: County court hearing

And breath x

[PlanB]

Re: County court hearing

jo has been assisting me don't want to say too much at this stage

If you want privacy you can join AAD+ which will give you access to the secure legal section.

Your thread can be moved there too if you want

Link > http://forums.all-about-debt.co.uk/s...l=1#post476206

Plan B x

[rgally64]

Re: County court hearing

Hiya plan b thanks for your help and it was delightful talking to you the other day things have taken a turn for the better I probably will subscribe as I have much to learn many thanks indeed have a nice evening hope to chat to you soon
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