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joannem1965
joannem1965, Advocate
Category: Law
Satisfied Customers: 264
Experience:  I am a solicitor
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Good evening, I have just had a court ruling where the judge

Customer Question

Good evening, I have just had a court ruling where the judge has set aside a judgement, can I claim back the expenses for the hearing, also the initial ruling has prevented me from buying a house and I have had to pay £720 per month in storage charges.
I had a verbal agreement to pay back £870 over a period of six months at £155 per month which I have paid back as agreed. They firm still took me to court.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.

FOR JOMO1972.


As discussed can I claim back my expenses of £80.00 to have a judgement set aside? Can I claim back my expenses for storage charges as a result of the original judgement. The judgement has effected my credit rating and I cannot acquire a mortgage.

Expert:  Jo C. replied 3 years ago.
Do you know why he set it aside?

On what basis?
Customer: replied 3 years ago.

I sent off my defence to Northampton, however I have proof from the royal mail to say it was delivered and signed for, but there is no record of it on the court system,so I resubmitted again and had to pay £80.00 for a hearing. All the judge said was I have appraised your defence and have set aside the judgement and that I will have to resubmit my defence all over again.

Expert:  joannem1965 replied 3 years ago.
Hello, my name is Joanne and I have been asked to assist you with your question.

Have you applied for a mortgage and if so did you have to accept it at a higher rate?
Customer: replied 3 years ago.
Hello, because of the court order I have been refused a mortgage.
Expert:  joannem1965 replied 3 years ago.
Let me clarify the situation.
You owed money for dental treatment.
You came to an agreement to pay it over six months at £155 per month but no evidence in writing.
For some reason, the dentists accountant issue legal proceedings which you defended on the basis that you had agreed a repayment schedule.
I don’t know whether you wrote to the accountants or had any correspondence what you did send a defence into the court which it is agreed it was signed for but there is no record on the court.
For some reason judgement was entered in favour of the claimant.
You applied to set the judgement aside using the receipt from Royal mail as evidence that you sent in the defence.
The judgement has now been set aside and it is waiting for hearing.
I need some more information please.
I accept that your defence was not received by the court (or rather, so they claim) why did you not attend the hearing?
Of the £870, which you agreed to repay back at 155 per month, how much have you paid and how much is outstanding. Has each month’s payment been paid in full and on time?
When was the treatment?
I will tell you that I’m sorry to have to tell you that you will have little chance of getting the storage charges back from the court or the expenses for the hearing, although that is not to say that you cannot issue a claim against the court service because it would appear that your defence (of which I assume you have a copy) was delivered, you can prove it was delivered, and for some reason, due to some inefficiency in the process, it did not get entered onto the system.
I think the best you could hope for (even then it is debatable as to whether you would be successful) would be the expenses of the hearing and not the cost of the storage.
To be honest, I would not be issuing proceedings against the court but I would simply raise it at the hearing on the basis that if you don’t ask, you certainly will not get anything.
There is one issue which is worth mentioning and that is that if the verbal agreement to repay the dental treatment cost over a period of time was done after the treatment and not before, they have every right to sue you for the full balance even though they agreed to take it on the drip. The situation is quite different if you came to that agreement prior to the treatment and then you can rely on that agreement and they lose the right to sue you.
Does that answer the question? Can I clarify anything?

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