Cost Certificare

[melliewinner]

Hello Hope someone can help. I was awarded a cost certificate " to be assessed if not agreed" the costs stand at over £24 K This was after a 3 day TOLATA trial in October, The other parties claim was completely dismissed. I requested my solicitor to seek to recover the cost's. The orders were sent and the other party missed the deadline date to ask for assesment. The final cost certificate was sent out on the 07/12/2021 Stating as the other side had not raised any assesment proceedings and had not made an offer we gave 14 days to pay in full before we would start enforcement proceedings.I paid my solicitor again to start proceedings to attach one of the properties the other side owns out right so as to secure the debt, I stated I would decide if I wanted to enforce a sale order at a later date. Today I have been informed by my solicitor the other side has sent in a N244 for the cost certificate to be set aside this was dated 08.12.2021. The court has set a hearing for 11.03.2022. I have been asked to pay further funds to defend this. What am I defending? The Judge awarded costs to me. The witness statement says the reason for the set aside order is as follows
1. The judge never said they had to pay cost (He did)
2. The court failed to print off 39 pages of documents that would of won them the case (Untrue we allowed unseen evidence into the trial on the day)
3. The other side never recieved the court order after the hearing (untrue I have email copies )
I really do not understand why I am being made to pay more money to defend this
Hope someone can help as I feel after 4 years of fighting this I am being made to start again
Thank you in advance for any help recieved

[des8]

If you don't pay your solicitor to dispute the application on your behalf, you can either dispute it yourself or let the court decide whether to set aside or not on the basis of the applicant's WS

I would instruct my solicitor, and include a request for an order that the applicant pays your further incurred costs