Small Claims - hearing to set aside judgement

[NOCAB]

Hi, I would appreciate some advise.

Recently I was awarded judgement against a defendant as they did respond to my claim within the default time period and indeed still have not replied. They employed a solicitor who has requested the case be set aside. The supporting reasons why are obviously full of inaccuracies and factual mistakes, and the defendant has obviously spotted this to. I have recently received a notification letter advising that the defendant has changed solicitors, and this is where I am now confused.

As the judgement was issued due to delays responding , that position still stands, and as the new solicitors have not been involved with the case or the response concerning why the defendant did not reply in time, I am uncertain how the hearing to have his case set aside will now proceed (it is on the 28/05/2014).

Can anyone help?

[EXC]

Re: Small Claims - hearing to set aside judgement

I don't think it matters that the new solicitors were not involved up till now. The issues that the court will consider are if there are good reasons as to why the defendant did not respond to the claim and if so does he have reasonable grounds on which to defend it.

How much is the claim for?

[NOCAB]

Re: Small Claims - hearing to set aside judgement

The claim is for £9500. The reasons the old solicitor included in his defence were that as a solicitor they had not dealt with a claim via MCOL before, he got all the dates wrong, has even named the wrong defendant in the form set as there are 2 defendants and he has named the wrong defendant and also states no evidence from my side was submitted yet I have the email I sent to the solicitor with the check out report he claims was not sent, included on the email.

[Amethyst]

Re: Small Claims - hearing to set aside judgement

It doesn't matter what solicitor the defendant uses the court looks at the issues. If the application to set aside was a cock up then they will have to amend it before the hearing, they should really ask you permission to do this to save another application hearing.

If your claim is sound and you have provided the defendants and the court with the documentation you intend to rely on in your case and you have a good case then even if they do get the set aside based on the first solicitor being rubbish they will still have to show a decent defence to the claim. Have you responded to the set aside application at all with witness statement or anything?

[NOCAB]

Re: Small Claims - hearing to set aside judgement

I have provided the previous solicitors with the emails showing defendants open promises to pay some of the money, and a check out report showing material damage that support the rest of the claim. The defence case to set aside references the (1) wrong defendant (2) wrong dates to respond (3) invaild facts about provision of evidence (emails shows old solicitors had all evidence (4) admission that they had never managed an MCOL before which is hardly my concern, so the defence is full of errors and unless new solicitors supply new reasons this position still stands. As it stands the defendant still has not provided a defence (now a month late, so regardless of other facts, he still has made no effort to defend the case.

[Amethyst]

Re: Small Claims - hearing to set aside judgement

Have you responded to the defendant and his solicitor (regardless of which one it is now) and the court on the issues in the set aside application?

[NOCAB]

Re: Small Claims - hearing to set aside judgement

Yes I have emailed them both.