Judgement set aside, what next?

[Happyguy]

Hi all, with the help of a member on here I was successful in having a CCJ that I knew nothing about set aside. *Now the judge wants to have a hearing to decide if an expert witness is necessary to make a report on the works I was chased for as the claim is now once again on the small claims track. My question is if the Claimant doesn’t turn up to the hearing can I ask that the claim be thrown out?*

[luxardo]

If this is a hearing that the judge requires to make a decision on how to proceed and not a full hearing then the claimant does not have to attend. It would be unwise of them not to attend though. I don't see how a judge could make a decision on whether an expert was needed without hearing both sides.
It depends what the judge said when asking for this hearing though. You would need to show the court letter to give an answer to your question.

[Happyguy]

Thanks Luxardo, with the decision to set judgement aside was an extra page saying this: “Before the claim is listed for hearing, the judge has ordered that a preliminary hearing should take place:- to consider the need for expert evidence”.

[Happyguy]

The original claim related to very poor workmanship that a builder carried out for me. I guess the judge wants to see evidence of the poor work but since it was all rectified by a new tradesman there’s nothing to see.

[luxardo]

I'd say he would be foolish not to attend or send his lawyer but he doesn't have to and you can't have case dismissed if he doesn't.

In actual fact there is nothing to compel you to attend any hearing unless ordered to do so. If you wish, you can simply ask to have the judge rely on a written statement of facts. It would be extremely foolish to do so obviously.

[Happyguy]

Thanks I appreciate the advice, I’ll report back with an update after the hearing.

[Happyguy]

Hi, Interesting turn off events. When I turned up at the hearing today the usher couldn’t find the listing for the hearing. I was then told there was no hearing as the case had been settled and the Court produced an email from the claimant in which he told the Court to cancel the hearing as the defendant (me) had settled the claim by paying his bailiffs! *Well I’m gobsmacked as I certainly have not settled the claim, the High Court Enforcement officer was paid under duress as he was clamping my car, the very same day *I made the application to set aside as I was completely unaware of the original proceedings until said clamper was on my drive. What does anyone think is my next move? The claimant has thousands of pounds of my money from a claim where the judgement was set aside so does he have any legal right to hold on to it? Thanks in advance, any advice would be greatly appreciated. *

[luxardo]

What is the timeline of events here ?

You had some building work done
For whatever reason you didn't pay
Builder obtained a CCJ (presumably in default because you knew nothing about it)
Enforcement agent arrived on your doorstop for a CCJ you knew nothing about and you paid in full
You applied to have the CCJ set aside and the application was granted
WHAT HAPPENED NEXT ?

*

[Happyguy]

Yes that’s absolutely *the timeline, the payment to the agent though was for 3x the original (dangerous) work he carried out. *The Judge in his judgement set the CCJ aside then put the claim back on the small claims track to start the process of the claimant suing me again, but first set a hearing to consider the need for expert evidence regarding my defence that the work was bad. It’s when I turned up for that preliminary hearing that I learned the claimant had emailed the court to say that as I had paid the HCEO that the claim was settled and that he’d like to cancel the hearing. I assume that as he was the claimant it was within his power to do so but I wanted the case to go ahead to defend the claim so I could then chase the return of my money plus setting aside fees.*

[luxardo]

The claim has been put back on the small claims track by a judge so the claimant has no authority to withdraw it.
The court clerks have made a mistake here, you need to write to the court and explain what has happened.
In fact I would go to the court personally and speak to them as this is quite complicated and a letter may not cut it.
There are no forms to fill in for this that I know of.

[Happyguy]

Thanks I’ll do just that.

[ploddertom]

Hi, Interesting turn off events. When I turned up at the hearing today the usher couldn’t find the listing for the hearing. I was then told there was no hearing as the case had been settled and the Court produced an email from the claimant in which he told the Court to cancel the hearing as the defendant (me) had settled the claim by paying his bailiffs! Well I’m gobsmacked as I certainly have not settled the claim, the High Court Enforcement officer was paid under duress as he was clamping my car, the very same day I made the application to set aside as I was completely unaware of the original proceedings until said clamper was on my drive. What does anyone think is my next move? The claimant has thousands of pounds of my money from a claim where the judgement was set aside so does he have any legal right to hold on to it? Thanks in advance, any advice would be greatly appreciated.

@Amethyst
@pt2537

Original thread to this @ https://legalbeagles.info/forums/for...s-to-a-bailiff

I wonder if the Court have forgotten this was about a Set Aside application?

[Happyguy]

Thanks For the bump up PLODDERTOM

[Happyguy]

If anyone could help I’d be very grateful*

[Amethyst]

General Form of Judgement or Order it is ordered that

1. Judgement be set aside.

2. The claim is allocated to the small claims track.

3. The defendant shall file and serve a defence by (left blank by me as anyone could see it).

4. The matter shall be listed for a preliminary hearing on the first open date after (blank) 2019 with a time estimate of 30 minutes to consider the need for expert evidence

Following the order to set aside did you file your defence to the claim ? ( apologies I didn't read your entire previous thread - just picked up the order to check it had been set aside already )
Did your defence (and set aside app) include the bailiff issue and that they had been paid under duress?

You will need to make an application to reinstate the claim to proceed with your defence and reinstate the order of the Judge for a prelim hearing re expert evidence, and it seems now you may now also have to counterclaim against the claimant for a refund of the monies paid under duress.