I took a small business to court because I believe there's strong evidence that their work damaged my car. At the initial hearing the court hadn't issued the letter telling us we needed to exchange evidence, so we were dismissed with a date to exchange evidence by (within a month) and told to return another day on a date set by a letter that would be sent out. That hearing cost me nothing because I was in a two week holiday.
I receive a letter with the new hearing date on after a few weeks.
Some time goes by and that month deadline for evidence arrives. I receive an email from their solicitor (I'm acting for myself) to request a one week extension, which I grant. A week later, on the deadline, I receive an email copy of the evidence.
Hearing date arrives and they're a no-show at court. Neither them nor their solicitor arrive. I'm taken into the room half hour late, during which I offer to call the other party to ask where they are - the judge tells me it's their own responsibility to be there. He decides not to take oral evidence but makes judgement based on both written statements. I win.
Almost a month goes by when the letter arrives that I've won and how much I'm owed. Two days later I get an email from their solicitor - they never got the letter with the court date on it. They want me to set aside judgement, presumably so we can go to court again.
Now, I have several issues with this. Firstly, I'm self employed so my business lost a full day of income at that second hearing. A third hearing will cost me another full day. I can't claim anything for it as there's no evidence I lose personally - my business does. Secondly, there was a week shy of three months gap between that first and second hearing. Surely any solicitor would enquire after a month of the first hearing when the second one is going to be? Why would you wait three whole months when the second hearing is obviously going to have taken place?
I don't mind that they want to face me in court. I mind they didn't turn up in the first place. Another day in court means my business income loss would equate to 39% of my claim, which I feel is getting a bit excessive.
So before I say no or yes - what should I do?