set aside - issue regarding damage to a car

[Isiris]

I applied for a judgement to be set aside as I had not received the court papers. There is an ongoing issue with the post office as there are 2 exact same address near to each other and we sometimes receive there mail so they must receive ours.

 

I applied for the judgement to be set aside and the hearing is tomorrow.

 

I have now received a letter from them Statement of Costs

 

Solicitor 110

BARRISTER 350

Expenses 80.50

 

Total 540.50

 

SURELY TO GOD I am not liable to this. Why are they sending a barrister to a simple set aside case.

 

I need help. The judgement is only 1300. Will I be liable for these costs.

 

PLEASE help

[blueskies]

You shouldn't be liable for costs if the claim was taken through the Small Claims Court. I think the letter is just scare tactics.

 

What evidence do you rely on to say that you didn't receive notification of the hearing?

 

I would go to this other address and get a witness statement from the occupant stating that post addressed to you often arrives at their property and vice versa.

[Isiris]

Thanks

 

I never received any paperwork. I am currently having a letter drawn up by my wifes ex employees who have complained to Royal Mail as she worked for social services and alot of mail was returned to them as un delivered.

 

The first I was aware of this was when the bailiff came after a High Court writ had been issued.

 

This is an issue regarding damage to a car, not bank charges

[Guest Zooman]

would you like to give me a call?

 

for others the way to avoid costs is to get the other party to consent to the set aside, this can be worded to give them no chance of costs at a hearing, and also remember that to set aside you need to also have a defence. If you have no defence you can not get a set aside.

 

but you have to be canny with this, I would recommend anyone who is thinking of asking for a set aside to post on CAG first for advice and then PM a team member.

[Isiris]

Hello all and particularly Zooman

 

Went to court today and met the barrister. He was quite an ameanable chap. I advised him that I would be objecting to the costs as I could not see the necessaty to send a barrister to attend such a basic hearing.

 

He said he would leave that up to the Judge and asked why I wanted the Judgement set aside. I expalined I had not received any documents at all.

 

We went in and the judge immediately asked him why he was attending for such an event. He said he was following clients instructions. The judge seemed a little piffed at this but I think this put me on the front foot.

 

I explained that I had never received any of the letters from the court. I also explained that IMHO the accident was in no way my fault and I would be defending the claim in full via my insurers. I provided a letter from social services who confirmed that my wifes mail had been being returned to them, open, for going to the wrong address.

 

The judge didnt seem interested in what the other chap had to say and said that as the judgement had been obtained by default and listening to how the accident had occured, he was under the impression the barrister had been sent "In a last dirched attempt" to protect the claim because if what I had said was true, the accident was never my fault in a million years. He agreed to the set aside.

 

The barrister then got on about his costs. The judge again cut him short saying that again, why a Barrister had to be instructed to attend a 10 minute hearing when surly the overiding objective must be to see that the truth of the matter is reached, and said he would allow the sum of 150 and this was to include all travelling, solicitor and barrister fees. (He did comment Zooman on why an agency had not been used)

 

Quite pleased actually. The barrister I think tried to intimidate me at the begining because when I arrived he was waiting for me in his robes and wig. When we reached the little desk, the usher advised him that the judge was not gowned and his dress was probably unecessary for a side room.

 

Many thanks to all especially Zooman

[Guest Zooman]

pmsl he was robed fantastic, how old was he 21.

 

I knew the Judge would go with agency rates, as I had hinted at but did not want to get your hopes up. Really glad to read all of this.