Asking a judge to dismiss set aside application

[Anna1972]

Long story short - was taken to court by cowboy builders.

They decided not to turn up to the court hearing so i got a default judgement awarded.

After they have received court paperwork they are asking judge to set aside default judgement as they didn't receive any paperwork about the hearing and have such a strong case.

I'm thinking of writing to the court to provide evidence that their case is weak as they never provided any evidence to support their statement that the goods are fit for purpose and they did loose the chargeback.

Also they contacted the court about the dates previously and surpsingly they did not do it when they haven't received any paperwork. I need to work on wording it right.

Would it be a good idea to write to the judge or just wait and see? Thanks

[Anna1972]

Any advice? Thanks

[des8]

You said you were taken to court by a firm of builders ie they were the claimants.
They failed to turn up so you obtained a default judgement.
Was this on a counter claim you made?
If so was their original claim struck out?
Are they applying for reinstatement of their claim as well as set aside of your judgement?

[Anna1972]

Hi, yes they asking to set aside my judgement and to reinstate their case as they haven't received any notification re court date.

They did however sent an email to the court asking if the original hearing is taking place, so either didn't follow up on it or forgot.
âhanks

[des8]

Presumably this is a small firm not employing a solicitor, so it is more than likely reinstatement will be granted.

Have you received court directions regarding a hearing to deal with the applications to reinstate and set aside

[Anna1972]

Hi Des8,Â*

Not that small, though they do not employ the solicitor and raised a claim against me.

Thank you for your viewpoint, no harm pointing court's attention that they were aware of the date change and the fact that claim has low chance to succeed.

Will keep posted!