2 judgements on one claimfrom builder within 4 days ** SUCCESS**

[citizenB]

Hmm, there appears to be a right old muddle here doesnt there and all down to the Court's administrative department.

 

When you say the documents you have conflict with the defence, do you mean the other side's defence ?

 

I think all you can do at this late stage is to detail, bullet poiint fashion, everything that has happened to date. Take copies for you, the Judge and the other side.

 

If you have the other sides defence, then you will also need to be able to counter all of the arguments they have put forward.

 

If the other two judgements have been put aside then this should be a totally new hearing, with probably all the facts that been raised before.

 

In the first hearing you were awarded judgement and costs.

 

The only reason the 2nd hearing went against you was because you didnt attend. This because you were under the impression that it had been vacated as judgement had been given previously.

 

I imagine that had you known about it and attended the 2nd hearing that either the cock up would have been noticed and that judgement would still have been given to you.

 

I will also flag your post for the rest of the site team, perhaps they will have other ideas.

[intree]

Thank you so much for your support CitizenB as always your word of wisdom have helped me to sort this out in logical order, I have now bulletpointed all the important facts which dispute the defence, within a document which I will give to the Judge tomorrow.

 

Hopefully I will have some news after the Hearing and I HOPE this matter will now be resolved. If not rest assured I will post up for advice.

[slick132]

Good luck Intree, on Friday.

 

[intree]

Thank you Slick32 and also CitizenB for the good advice given..

 

we arrived at court for 9.30 for a 10.00 am hearing, they kept us waiting as the defendant did not turn up even at 10.20, so we went in and sat down, I gave our bulletin point document and also indicated that this is the 3rd Hearing to consider this matter and we have incurred considerable expense.

 

He read through the documents we submitted and said "I would have liked to have questioned the defendant on some of the issues he has raised as he is clearly, misinformed, when I look at the documents you have submitted" we asked if the matter would be final today and he said " Yes I accept that there is now no defence to your claim, and I accept your claim in full"

 

I asked if we could have the costs of £230.20 reinstated (ones which this judge dismissed previously) he asked if we were claiming for today and I said yes 2 hours for reaserch and travelling and parking and also 2 hours waiting and the cost for the copies of the documents to date.

 

We were awarded 230.20 plus 44.20 for today ..................

 

Thank you all again - IVE HAVE TO NOW ENFORCE THIS JUDGEMENT as the builder is not going to pay, so the Judge advised that the matter should be transferred to a High court Sheriff as they have more powers.

 

This has been done today......................I will keep posted

[The GodMother]

I dont mean to alarm u but depending on where you live is if the high court sheriffs will get involved.

 

I know for England you have to have judgement for over £600.00 b4 they can be involved.

[citizenB]

Oh well done, intree. I will change your title for you.

 

Are you in Scotland ?

[slick132]

Well done Intree.

 

I hope you can secure payment promptly and bring this to a close.

 

[supasnooper]

I dont mean to alarm u but depending on where you live is if the high court sheriffs will get involved.

 

I know for England you have to have judgement for over £600.00 b4 they can be involved.

 

 

I think the claim is for considerably more than £600.00 (please re-read the first sentence of the thread) .

 

Congratulations and well done Intree.

 

High Court Enforcement Officers do have considerably more more powers available to them, so hopefully you should see a return of your money.

[The GodMother]

I think the claim is for considerably more than £600.00 (please re-read the first sentence of the thread) .

 

Congratulations and well done Intree.

 

High Court Enforcement Officers do have considerably more more powers available to them, so hopefully you should see a return of your money.

 

 

SS.

I would advise you to read the thread aswell due to the OP stating that she was awarded 230.20 and 44.20 for today.

 

Which when i left school in 1997 came to a total off 274.40 which is under the 600.00 for high court enforcment well when l went to school they may have taught me wrong which i would not put past them.

[supasnooper]

SS.

I would advise you to read the thread aswell due to the OP stating that she was awarded 230.20 and 44.20 for today.

 

Which when i left school in 1997 came to a total off 274.40 which is under the 600.00 for high court enforcment well when l went to school they may have taught me wrong which i would not put past them.

 

I'm not doubting your mathematical capability at all, TGM.

 

However, the Judge would be referring to the Judgment Sum owed (not yet paid by the Defendant) plus the awarded and re-awarded costs................ comes to considerably more than £600.00

[intree]

Thanks Supasnopper and Godmother for your responses..

 

I may have confused issues but the total claim as SS stated is for over £5000, We have started High Court enforcement as the Builder has now decided that he will be appealing the judgement as he was on Holiday again!!!

 

It seems he has a lot of money for holidays, so he can now explain this to the Baliffs - Some people like this builder just use and abuse the system and hope they will scare others off, I am grateful to every one at CAG and their support in my various matters.

 

Without this site I would have been lost and given in some months ago..........so all help and advice is respected as I believe everyone here is here to help others, less fortunate or wealthy enough to fight on their own.

[supasnooper]

Oh dear....................I really can't believe this shennanagins.

 

Keep on adding your costs on............and address any Court Correspondence to the Judge who heard the last hearing.

Edited March 28, 2010 by supasnooper
correction

[intree]

I am going to look into that Thanks SS - As soon as the matter proceeds to Enforcement the better and then I will use the procedure outlined, Thank you

[The GodMother]

another hoilday he must have more money than sense. I have not had a holiday for over 6 years and b4 that for over 10 so if he is always going on holiday maybe he should give a few to me.