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Hi,
I'm not quite sure what to do about this.
I won a default judgement back in December 2018 which was set aside as the defendant said that the paperwork for the hearing had gone to a neighbours address so the judge set it aside.
At that hearing rhe judge asked the Defendant if he could produce a defence in 2 weeks which he said he could. We were then sent paperwork setting out a date for that and if that was not adhered to then he would award a default judgement to me.
We also got notice that a full hearing would take place at a later date along with dates for all documents to be sent and the court fee that I would have to pay.
That didnt happen so I applied for the judgement and got it.
I then phoned the court and asked if the hearing would still take place and was told no to which I got a letter saying the hearing had been vacated.
I sent in the High Court Baliffs who collected the money owed to me and charged them their fees.
On the same day the Defendant applied to have that judgement set aside because they didnt receive the letter about having to send a defence in within the 2 weeks as agreed at the last set aside hearing plus they phoned the court because they thought the case had been dropped as the hearing letter said vacated. They said the court told them it had been vacated because I had not paid the fee.
Now the High Court company have told me that I need to add on their fees to my claim. Presumably this will only happen if it is set aside as the HC company already hold the money.
So now do I send a witness statement to the court and the defendant stating that I will be opposing this set aside (I have plenty of dates and reasons that I wont fill this thread with) and that I will be adding the HC costs and the interest since it was collected?
Sorry to be so long winded... These things can become so complicated!
Thank you
I'm not quite sure what to do about this.
I won a default judgement back in December 2018 which was set aside as the defendant said that the paperwork for the hearing had gone to a neighbours address so the judge set it aside.
At that hearing rhe judge asked the Defendant if he could produce a defence in 2 weeks which he said he could. We were then sent paperwork setting out a date for that and if that was not adhered to then he would award a default judgement to me.
We also got notice that a full hearing would take place at a later date along with dates for all documents to be sent and the court fee that I would have to pay.
That didnt happen so I applied for the judgement and got it.
I then phoned the court and asked if the hearing would still take place and was told no to which I got a letter saying the hearing had been vacated.
I sent in the High Court Baliffs who collected the money owed to me and charged them their fees.
On the same day the Defendant applied to have that judgement set aside because they didnt receive the letter about having to send a defence in within the 2 weeks as agreed at the last set aside hearing plus they phoned the court because they thought the case had been dropped as the hearing letter said vacated. They said the court told them it had been vacated because I had not paid the fee.
Now the High Court company have told me that I need to add on their fees to my claim. Presumably this will only happen if it is set aside as the HC company already hold the money.
So now do I send a witness statement to the court and the defendant stating that I will be opposing this set aside (I have plenty of dates and reasons that I wont fill this thread with) and that I will be adding the HC costs and the interest since it was collected?
Sorry to be so long winded... These things can become so complicated!
Thank you
