Applying to adjourn the date for a hearing in County Court ***Resolved***

[pwmdgxju]

I wonder if you might be able to advise me as a claimant in the county court. 

I have a default judgement against a rogue trader, which they have (for the second time) applied to have set aside. 

The hearing date has been set for later this month, unfortunately on a day when I’m due to be away, as I’m taking my elderly mother to Cornwall on a trip where she intends to catch up with some friends who she seldom sees. 
I can evidence that the accommodation was booked a while ago, before the court date was set. She needs me to drive as it is too far for her to manage these days. If we have to cancel, it’s unlikely that the trip will ever be possible again. 

A few questions, if I may:

1. I am advised that I can apply to adjourn by filling in a form and paying a fee.
If I do so, citing the reasons above, am I likely to be successful in seeking the adjournment?

2. Will I need to provide evidence of the booking? And if so will a copy be available to the defendant? As I don’t wish for them to have any information about the personal details of my mother, as they are a thoroughly unpleasant individual!

3. The fee is £100 which I can ill afford at the moment. Unfortunately I do not think I will be successful in having it reduced as I work hard and do have some hard earned savings.
If I pay the fee, is it something which can theoretically be claimed as costs against the defendant under any circumstance?

Thank you so much for any help you can offer at this extremely stressful time.

[pwmdgxju]

Pleased to be able to let you know that the judge on the day dismissed the application to set aside.

I didn’t attend as I was in another part of the country, but I did submit a witness statement comprehensively refuting the defendant’s assertions, and with evidence that the company had always been dormant and therefore I could not have done business with the company.

I’d love to know exactly what was said in court but sadly I can’t afford to request the transcript.

[AndyOrch]

Well done and many thanks for the update and conclusion......thread title updated.

 

Andy