Small Claims Court Hearing- advice needed

[BankFodder]

You can apply to the court to have the judgement restored. This will take a form N244 and you will have to pay a fee which might be as much as £120 now. However, you will then be able to recover that as part of the judgement. You should make that request in the form N244 by asking that the judgement be amended to include the costs of this application.

 

Don't forget though, that you will then have to enforce the judgement and if you are unable to do so then you will not recover your costs.

 

Also, if for some reason or other he submits a late defence or if he is given a further seven or 14 days to file a defence and then if he eventually succeeds, then also you will not recover the cost of the application.

 

However, the basic advice is to go ahead now and apply to have the judgement restored together with the costs of your application.

[Tootles1971]

So the letter he took with him to the set aside hearing has been accepted as his defence, so we now have the Directions Questionnaire.

 

His defence is fairly weak, and has huge discrepancies all the way through it. Is this all he can use at the hearing, or can he submit further evidence? Also, we had an expert report done before we submitted the claim, which was included in the original claim, so do we have to ask for this to be used as expert evidence at the hearing, or is it just considered part of the original claim?

 

We are planning on offering him a settlement to avoid going to hearing, but also submitting the paperwork to court as he has been very uncommunicative all the way through! Just want to see the back of this now, hopefully get some money back and get a decent fence built!

[Tootles1971]

Hi again

 

We now have a hearing date for February. Can anyone give us some pointers on the evidence we need to submit for the hearing please? Do we have to resubmit things that have already gone in as part of the claim?

 

We are still hoping that he might contact the mediation service, as he ticked the mediation box on the directions questionnaire, but so far he hasn't contacted them.

 

Thanks!

 

Tootles

[Tootles1971]

Can someone help out please??? Our statement has been submitted but yet again he hasn't sent us his documents by the deadline. We're unsure if he's submitted it to the court. We posted his signed for and it's still at the sorting office waiting for him to collect it. What happens if he doesn't submit anything to court?

[SabreSheep]

Then the court will issue a further order tellign him to comply or face a sanction including a possibility of striking outhis defense.

 

Keep close to the court and keep checking.

[Tootles1971]

He's been told to submit to us and the court by 4pm Friday or his defence will be struck out. The hearing is due next Wednesday so I assume this would be cancelled if he doesn't comply? What happens next?

[BankFodder]

Even if a defence is not filed, if you don't have a written order saying that his defence is struck out then you must attend court for your own safety. If he turns up at court, the chances are that he will be allowed to go ahead. If he doesn't turn up then simply ask the judge to strike him out and to give you judgment

[BankFodder]

Have you checked that his ltd company is still in existence?

http://wck2.companieshouse.gov.uk//wcframe?name=accessCompanyInfo

[Tootles1971]

Hi BankFodder,

 

Yes it is still listed. We've been keeping a check as we were worried he was doing a runner!

 

We've received a letter from the court today (attached) which we could do with some advice on. I've tried phoning the court office but they were not too helpful as "we won't necessarily have dealt with it yet if it came in on friday" agggh! They apparently work a week behind. I presume we have to fill in a form to file a judgement, but the form we originally sent only includes fees for the claim form, and we've had £270 more in court fees since, which I hope we can add on!

 

Basically, what do we do next and do we just take a request for judgement to the court hearing on wednesday?

 

Thanks!! Tootles

[BankFodder]

Please will you post it in pdf - and the right way up.

Please do check what you are posting and be satisfied that it is how you would like to receive it if it were sent to you.

Thanks

[Tootles1971]

Sorry. Technically challenged. Here goes again

[BankFodder]

The hearing is on Wednesday.

Go along to the hearing with your letter and ask for judgment there. Ask the judge if you can list out everything that it has cost you and ask him if he is prepared to make an order accordingly.

 

How much does ot all come to?

If comes to more than £600 - I think that is the limit now then contact the HCEO immediately and ask them about their enforcement service in which they will transfer it up to the High Court and then get an enforcement writ which they will execute with no mucking around.

Make sure that you get a written assurance from them that if they fail to execute, then your liability will be no more than the basic fee which may be about £60

[Tootles1971]

We've had a call from the court telling us the hearing has been cancelled and we have to fill in a form but she couldn't tell us which one to use. We're now confused............ What happens next?

[Tootles1971]

OK we're all sorted. Hopefully judgement will get given quickly. This has been a nightmare process!

[Tootles1971]

We have Judgement. What's the best way to warn other people to be wary of this company? They seem to do some really good work, but they also do really awful work, don't complete things and the Director has also had a second company that took money by DD then folded owing people money........He clearly is either disorganised or totally crooked and I'm not sure which! Clearly I don't want to destroy a decent person, but equally don't want other people to be in our position!

[BankFodder]

How much is the judgement for?