How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

I have had a judgement made against me in the small claims

Customer Question

I have had a judgement made against me in the small claims court. There was confusion and niavity on my part because when I was served the papers I thought it was a mistake so contacted the claimant directly who suggested that they would stop any action and it could be sorted out. We communicated for 2 months without reaching agreement and when they stated that they would ask for judgement I thought that meant that at that time I would get new papers and respond accordingly. I then received notification of judgement against me because I had not responded to the original papers. I have applied for judgement to be set aside setting out my reasons and that I wish to enter a defence to the claim. My problem is that the claimant is now adding more fees to chase the debt and has given 7days to pay the full amount or they will apply for a charging order against my property. I have made it clear to them the action I am taking however they are insistent on pressing ahead. I am worried that this is all making things horrendously bad if I was to lose which doesn't seem very fair. Once I have had a fair hearing (or been told that I won't get one) I will pay as ordered by the court with no issues but by the time I reach that point the debt will have increased beyond my means and there could be terrible implications to my credit rating and home status.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

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 2 years ago.
I need to know if they are allowed to continue pursuing me for the money as I thought having made an application to set the judgement aside would prevent things getting even worse while we waited
Expert:  Jo C. replied 2 years ago.

If this is the Small Claims Court, they can add what costs they like on but they will not recover them! That is the essence of the Small Claims Court to discourage people from using solicitors and incurring costs.

In addition, if they do make an application to court for a charging order, they will be wasting their time as they will not get that either in view of the fact that there is an application pending to set the judgement aside.

You are absolutely correct in your assumption that the application to set the judgement aside puts things on hold until the application is heard.

Can I clarify anything for you?

Customer: replied 2 years ago.
Thank you that is very helpful. The amount claimed was £1250. I assume this amount is covered by small claims court. If not is anything different?
Expert:  Jo C. replied 2 years ago.
That is indeed Small Claims Court..

The Small Claims Court limit used to be £5000 but went up to £10,000 some time ago.

Costs are only awarded in the Small Claims Court if one of the parties has been completely unreasonable.

It is extremely rare for costs to be awarded and it has to be unreasonable conduct in the extreme.
Customer: replied 2 years ago.
Sorry, just one more thing. By continuing to chase the money, including contacting my mortgage lender who I have had a letter from today about it, despite having been told that I have applied for the judgment to be put aside are they breaching anything legally?
Expert:  Jo C. replied 2 years ago.
If this is in respect of unpaid ground rent or service charge, they are doing nothing wrong by contacting your lender and very often, the lender will pay the charges and added on to your mortgage.

Although court costs cannot be increased because of any delay and they cannot add solicitor's costs on usually, if this is rent or service charge, the management company can add late penalties and solicitors costs on if any lease or deeds provide that they can.

It is a provision in the lease, not in the court proceedings that allows that.

The provisions in the lease however are enforceable in court

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice