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Just to explain this case is complicated, I will try to summerise as best as i can.
CC debt taken to to court by mbna/optima legal.
ppi was on the account (this isn't the issue atm).
July the claimant was ordered to provide full disclosure. inc full account history & ppi t&c as the claimant hadn't provided in the 6 months till that date.
Claimant did not provide the ppi docs by time.
I had found one ppi t&c which was dated a few years later from the account start date. Without that document i could not have provided part of my counter claim.
In august another order was made for me to provide exhibits as these weren't in my with my defence and counter claim. I thought they had to be in with the document exchange/ws exchange.
Claimant in august provided
I was ordered to provide them by sept 2nd
I did so.
In october
Claimant under wp requested "missing" medical evidence/exhibit. and upon receipt will discontinue the case.
I resent it and stating its a resend..
Claimant offered a F&F in their favour instead of Discontinuance.
Claimant did not file a reply and defense.
I gained by November a judgement by default/liability in respect of counter claim.
Fast forward to last week to a twin application hearing:
Claimant wanted set aside
Based on wp evidence and that I had requested an extension to document exchange.
Defendant wanted varance.
Additional default to be added and that a sum to be awarded.
Outcome.
Judge awarded hearing costs against and a new set of dates for exchange a trail date.
Basis:
The judge argued that i should have told court that about the change in doc exchange and the issues in the wp evidence.
The judge denied my application for the additional default and sum.
Question!
Have I enough grounds for a set aside on the order from last week and go back to judgement by default?
or will the extension on the document exchange will counter balance it?
What do I mean by doc exchange.
I wanted a simple two week extension to the dates specified in august. Optima replied back with actual dates and which i thought differed to what i had wanted .
There was at the time ongoing disclosure requests by optima. I had in one instance I had asked for the ppi transfer docs to be sent to me as I wanted to see if there was a change etc.
That particular one wasnt sent to me and in mid september i said I do not agree to the time extension change and was sticking to the one in the order.
Finally.
Hi and hopefully i can get some answers on to how to proceed.
WMF
CC debt taken to to court by mbna/optima legal.
ppi was on the account (this isn't the issue atm).
July the claimant was ordered to provide full disclosure. inc full account history & ppi t&c as the claimant hadn't provided in the 6 months till that date.
Claimant did not provide the ppi docs by time.
I had found one ppi t&c which was dated a few years later from the account start date. Without that document i could not have provided part of my counter claim.
In august another order was made for me to provide exhibits as these weren't in my with my defence and counter claim. I thought they had to be in with the document exchange/ws exchange.
Claimant in august provided
I was ordered to provide them by sept 2nd
I did so.
In october
Claimant under wp requested "missing" medical evidence/exhibit. and upon receipt will discontinue the case.
I resent it and stating its a resend..
Claimant offered a F&F in their favour instead of Discontinuance.
Claimant did not file a reply and defense.
I gained by November a judgement by default/liability in respect of counter claim.
Fast forward to last week to a twin application hearing:
Claimant wanted set aside
Based on wp evidence and that I had requested an extension to document exchange.
Defendant wanted varance.
Additional default to be added and that a sum to be awarded.
Outcome.
Judge awarded hearing costs against and a new set of dates for exchange a trail date.
Basis:
The judge argued that i should have told court that about the change in doc exchange and the issues in the wp evidence.
The judge denied my application for the additional default and sum.
Question!
Have I enough grounds for a set aside on the order from last week and go back to judgement by default?
or will the extension on the document exchange will counter balance it?
What do I mean by doc exchange.
I wanted a simple two week extension to the dates specified in august. Optima replied back with actual dates and which i thought differed to what i had wanted .
There was at the time ongoing disclosure requests by optima. I had in one instance I had asked for the ppi transfer docs to be sent to me as I wanted to see if there was a change etc.
That particular one wasnt sent to me and in mid september i said I do not agree to the time extension change and was sticking to the one in the order.
Finally.
Hi and hopefully i can get some answers on to how to proceed.
WMF
.
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