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Builder sueing me - County Court Appearance Query


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I had a contractor carry out a instalation for me and I refused to pay total sum as they caused damage to the property they were working in.

I had to carryout repairs at my cost.

 

They submitted a claim at county court to recover their outstanding invoice.

I returned my defence to the court.

 

Now my question is,

I have had a letter informing me the hearing is to be held at Birkenhead County Court which is over 350 miles away:eek:.

 

I rang the court to be told they have appionted a solicitor who practices in the area and he has requested the change of hearing.

The court informed me because I am a LTD company they can do this.

 

If I have to go so be it , but is this correct?

 

I would guess this is the claiment playing silly Buggers as they reside close to my address and have no reason to go to Liverpool.

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  • 2 weeks later...

I had a contractor file a claim agaist my company for non payment of an invoice.

I received judgement for the claiment and ordered to pay + costs

 

I applied to have set aside as I never received court date, paid my £75 and received a date for the hearing.

 

Today I received a letter from the court stating, "Upon the court own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within seven days of receiving it."

 

"It Is Ordered that the defendant pay the balance plus costs into court by 14th April 2010 to abide the outcome of the hearing on 22nd of April 2010".

 

Now the 22nd of April is the date that was given to me for the new hearing.

 

Whats going on? have I got to pay another £75? I have not had chance to put my defence to the court in person only what I wrote on the defence form.

Typically they send out letter to receive today so i cant contact anybody until Tuesday.

Can anybody give me some advice

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I'm afraid I dont know the answer but I'm starting court action against my landlord and I went to thre local court office to hand in some docs and I had some questions which I asked and found the member of staff very helpful so I'd suggest popping along if possible.

 

Andy

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What the court means is that you are to pay a sum of money into the court which will be refunded if you win your case against the Claimant.

 

So you have to pay the previous judgement in order for the court to hear your set aside by which they will evaluate your evidence etc.

 

This is to provide protection for the Claimant and to prevent the court's resources from being wasted.

 

It's crap... but one you have to live with I suspect.

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  • 4 weeks later...

I had a claim agaist me in county court.

I filled out defence but later heard that judgement was made against me.

I put in to have the case set aside as I never received notification of court date.

 

The court was moved to Birkenhead some 350miles away and I was informed as I am a Ltd company that i could not do anything about it.

 

After giving some thought and the amount involved I did not want to get involved in a protracted case and have to keep travelling to Mersyside.

 

I contacted the claimants solicitor to inform him that I would not attend the set aside hearing and would pay the amount on the original Judgement.

 

I received a email from the solicitor accepting my proposal.

 

I duly wrote to the court to inform them and thought that would be the end of it

 

Got a letter today from claimants solicitor informing me that they were awarded costs of £250.

 

What is this all about.

Do i have any where to go to question this cost,

why would they be awarded costs and for what.

 

We had agreed that I would pay judgement so where have any costs come into it.

 

Anybody got an opinion?

 

Be gentle with me ;)

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