Set Aside

[zas90]

A week to go, I can't see him complying, although he might chuck in a last minute defence. I've contacted the court again to enquire with regards to my expenses award, as I've not heard anything about that. The order I received just mentioned that he had until the 14th January to serve a defence, otherwise the claimant will be entitled to apply for judgement.*

The way I see it, even if I'm successful, the chances of ever receiving my money are slim, which is fine, I'll write it off as a loss and put it down to a bad experience. Live and learn.*

[Anna1972]

Hi, I'm in the same boat. You could still pursue the money and attach an order to his account.
Do not despair!
*

[jaguarsuk]

Hi, I'm in the same boat. You could still pursue the money and attach an order to his account.
Do not despair!

There are many routes to enforcement against an individual, but it's a little trickier with sole traders.

Hopefully he owns his home.

[zas90]

He owns his own home (I did a Land Registry search prior to issuing my claim to be sure his address was correct), he also owns several cars on his street (they won't be registered though as he uses trade plates, although receipts would prove he owns them). I have his banking account number and sort code, so I do have several options for enforcement, I'll see whether he actually complies with the order, and whether the judge affords him another opportunity.*

[Anna1972]

I have a proof my builder lied to the court but I do not have high hopes that their set aside will be dismissed.

Most likely I will end up going to court hearing. And i suggest you go there too.*

[jaguarsuk]

He owns his own home (I did a Land Registry search prior to issuing my claim to be sure his address was correct), he also owns several cars on his street (they won't be registered though as he uses trade plates, although receipts would prove he owns them). I have his banking account number and sort code, so I do have several options for enforcement, I'll see whether he actually complies with the order, and whether the judge affords him another opportunity.

They will probably issue one unless order and if he doesn't comply re-enter judgement, at which point his options are pay up or you'll enforce.

[zas90]

I've asked for a judgement to be entered against the Defendant, he failed to submit a defence as per the order (again). Hopefully the case is resolved within the next week or two.*

[jaguarsuk]

I've asked for a judgement to be entered against the Defendant, he failed to submit a defence as per the order (again). Hopefully the case is resolved within the next week or two.

Excellent, there'll be no set aside or anything now. Next stage enforcement.

[zas90]

Thanks for your help and assistance it's been gratefully appreciated, I'll pop back should I get the order soon.*

[zas90]

Unfortunately, he has been afforded another chance to file a defence and pay costs. Yet again he has until the 14th February to file a defence upon me, provide the court with a certificate of postage, and pay my £50.*

Is there anyone I can complain to? How is it right that someone can fail to comply with an order this many times and be given numerous chances.*

Something isn't right, I'm not getting a fair trail either.*

[Anna1972]

I'm sorry to hear this. I just implore you sit tight and persevere.
It will be resolved in your favour.

I would contact the court afterwards and ask to file a complaint - where you could point out that the process was not fair.
And that it has increased times for access to justice for other citizens including you

[zas90]

We have our own suspicions with regards to this, he has two other County Courts that are closer, however he chose one further away, where his solicitor was very friendly with the usher, even going behind their desk and chatting to them whilst waiting for our hearing. Of course I'm not going to throw out conspiracy theories without concrete evidence, everything does seem very strange, my partner also noticed this strange behaviour.*

If this is the standard of service we can expect to receive from the courts, then I'm not sure whether the system is fit for purpose, this behaviour from the judge flies in the face of the Overriding Objective and case law with regards to compliance with court imposed time lines.*

[jaguarsuk]

I know it stings, but they are all in the same 'club' and behave like it, how if he has got a solicitor they have not complied with the order I do not know.

The only thing you can do as Anna says is sit tight and then complain once you have won.

[zas90]

He'll miss the next deadline in the next few days, I'll apply for a summary judgement for the third time, the court will most likely grant him another extension of time. I have a suspicion the judge will retain the order until my hearing fee is due, at which point if I don't pay, she'll immediately strike it out with disproportionate costs awarded against me, it's almost as if the court is trying to manufacture a result.*

I completely agree, if your face doesn't fit, a late 20's claimant representing himself, versus a 60 year old solicitor representing his defendant, even my partner couldn't believe how friendly they all were to each other.*

[jaguarsuk]

He'll miss the next deadline in the next few days, I'll apply for a summary judgement for the third time, the court will most likely grant him another extension of time. I have a suspicion the judge will retain the order until my hearing fee is due, at which point if I don't pay, she'll immediately strike it out with disproportionate costs awarded against me, it's almost as if the court is trying to manufacture a result.

I completely agree, if your face doesn't fit, a late 20's claimant representing himself, versus a 60 year old solicitor representing his defendant, even my partner couldn't believe how friendly they all were to each other.

Unless he files the case cannot be moved on to the hearing, so no fee can become payable until he has filed a defence as you may wish to reply to his defence.

There's only so long the judge will tolerate it regardless of their little club. They'll be bound to act if he does not file again.