Small claims court- the defendant has requested set aside judgment-may you help?

[MRANDMRSC]

Hi All
Please may you help, and share your experience and thoughts on our predicament please.

We’ve had an ongoing battle with a sofa company for the last 2 years.

Its been a ridiculous struggle to try and get our money back even after we have proved independently that the sofa was manufactured incorrectly, not fit for purpose, not of merchantable quality, restoration work is beyond economical repair & we requested a full refund under sales of goods act 1979 section 14 (2) & (2b).


So we took them to small claims court. And waited the 14 days to see if they would contest, deny, agree…nothing at all.

Judgement was made against the company. Great we thought the end is in sight. We will be getting our money back.

(We have had to use garden furniture to sit on for the past 2 years as we can’t afford to replace the sofa. Its having a detrimental effect on my partners health. )


We instructed via money claim on line to send the bailiffs and thought that we would get our money back as agreed by the courts.

Today we received a letter stating the defendant has applied to set the judgement aside and we would receive a date and place of hearing.


After checking moneyonline it stated it had been transferred to a court and a bar was put in place.



As proof to submit we have independent report, photos of sofa degeneration, detailed communication & email log, receipt, delivery note, their guarantee.

We have no legal experience and it’s all very daunting.
There seems to be very little advice available about this stage of the process.


Our questions are:

Does the "bar and judgment set aside" mean that the judge will decide based on our evidence and the defendants if the case warrants going to court?
Or does it mean we are due in court to defend our case?



Do we get to see the defendants case and evidence in advance of the court hearing?
The company have failed to send us copies of their sofa report despite numerous requests from us in writing, and we have sent them our independent report.



Should we arrange to have the furniture ombudsman expert witness report at a cost £350 in addition to our local independent report and further photos and video we have taken ourselves?


Any help, experience or thoughts on our predicament are really appreciated.

Mr and Mrs C

[righty]

Re: Small claims court- the defendant has requested set aside judgment-may you help?

They are probably applying for a set aside on the basis that they haven't been able to defend themselves. However they must also prove they have a case to argue & if they can't then the court will probably not set the judgment aside. Also courts don't like such applications where its clear the judgment was just.

I would suggest you go to court to contest their application AND remember to ask for costs

[MRANDMRSC]

Re: Small claims court- the defendant has requested set aside judgment-may you help?

Thanks so much!
It's been a massive endurance for us, with the company calling us at home and trying to persuade us not to go to court as we have "no chance of winning" and belittling the advise we got from CAB.
We are waiting to be advised of the court date, have all our evidence in order and will do our best.
Thank you again, we'll let you know how it goes.
Mr and Mrs C