Successful application to set aside - can i claim back the legal costs?

[tezzah]

Hi all.

 

I had a CCJ registered against me last year. I knew nothing of it, it was served at an old address despite the property management company (Solitaire) knowing of my new address.

 

Went to court last week, threatened with costs application of over £2100 by Solitaires counsel however the District Judge agreed with me that they hadn't served the papers correctly and set aside the judgment.

 

The original invoice that started the court action involved late payment fees of just under £600 on a £350 invoice.

 

The legal costs of the the CCJ/solicitors etc added over £800.

 

Can i claim this money back?

 

The Judge stated that that the papers were not served correctly, surely that means that i couldn't have paid late as they sent the paperwork to the wrong address.

 

Further to this, what about the legal costs/court fees? If the invoice was sent to teh wrong address, there would be no late payment fees because i would have settled the invoice and secondly i wouldn't have been taken to court in my absence.

 

Hope that makes sense.

[Bookworm]

Absolutely. When you defend, dispute that you are liable for any of those costs, if you admit anything, only admit to what the actual amount you did owe. You should also deduct the fee you had to pay to get the CCJ set-aside, since it's a cost that directly arose from their mistake.

[tezzah]

Cheers Bookworm, i thought so. I've served a SARN on Solitaire, they have written to their solicitors asking what it is, lol.

 

I said thanks for acknowledging it (mind, they claimed that the stapled cheque wasn't attached so i've asked for their account details, i'll transfer it to them) the SARN.

 

It's nice to have the shoe on the other foot for a change, this company were a complete nightmare for the time i owned the property.