Never received claim papers as a defendant, just had to pay £000’s to a bailiff

[Happyguy]

Once again very succinct advice. I’ll report back once the hearing has been held.

[Happyguy]

Hi,
The hearing was held and the Judgement was set aside. I’ve got the actual paperwork here now. On the first page headed “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.

The second page states:
Notice of Allocation to the Small Claims Track (preliminary hearing)

District Judge ....... has considered the statements of the case and questionnaires filed and allocated the claim to the small claims track.
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.

Thank you so much PLODDERTOM for you’re expert help in getting the judgement set aside. Now I need to know what to do next. Would you forward a copy of the first page to the claimant and simply ask for return of the money paid by me to the HCEO?

Also,how do I file and serve the defence asked for in point 3. above?

[ploddertom]

OK, this is for an Interim Stay etc pending a further Hearing. Send a copy each to the HCEO & Claimant and see what their response is. They would be within their rights to hang on to your money as the matter is still to be formally dealt with and may yet fail - hopefully that will not happen. The defence you are being asked to provide is one that you would have made had you known about the original Hearing - make sure you adhere to the dates given or you risk having it Struck Out. Don't forget one of your grounds has to be:
"had you known about it and agreed with the sums involved you would have paid it and prevented further action. Evidenced by payment made to the HCEO who called unannounced". This should then be sent to Court & Claimant, with a copy for yourself.

Put it together and let us know so we can have a look and advise.

Good on you for getting this far and have a deserved stiff Latte or similar. Your main advantage in all this is that you have paid and won't be getting an unexpected knock at the door. Well done.

[Happyguy]

Thank you so much for your help, I really couldn’t have came this far without your very intelligent insight. I’ll put something together and post to see what you think. Would it be better if I private inboxed you?

[Happyguy]

Also, to add to the above. I contacted the HCEO today and they said that the monies I paid have already been forwarded to the claimant. Therefore should I skip sending anything to them?
Just my wandering mind thinks that if they speak to the claimant they will give him advice regarding not returning the monies, as I’m sure they’ve probably dealt with this situation before and how things play out.

[ploddertom]

They have retained their fees and passed the balance on. When it comes to it you should claim everything back from them. In turn they should refund the fees they took and inform you of how much they passed on and to whom. They will also be looking to reclaim their fees from the Claimant - but that is neither your concern or problem.

As for a defence I agree keep it off here we'll sort it when you are ready.

[Happyguy]

So do you think I should write to the HCEO and include the judgement and simply ask for a refund of everything I paid to them, the full amount not just their portion?

[ploddertom]

Not yet. There is a still a full Hearing to go.

[Happyguy]

Many thanks for that. Regarding sending my written defence to the court is there a particular form I need to use or just a4 paper with claim number etc?

[Happyguy]

Hi PLODDERTOM, *I sent you a message earlier and wasn’t sure if you received it? If your up to your neck elsewhere I completely understand! Many thanks in advance, Happyguy