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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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. I went to court yesterday as my ex tenant applied for

Resolved Question:

Hello. I went to court yesterday as my ex tenant applied for the second time to set aside a Judgement ( see previous question) anyway he didn't turn up !
The judge dismissed the application
This is not the first time he failed to turn up
However I have today received a letter from the court dated two days before the hearing saying this is now a defended claim ( 11 months after judgement ) and a questionnaire for small claims track !
I'm so fed up
I've wasted so much time on a debt of £700 ( paid through third party debt order)
Do I just await the court judgment from my court appearance ? Will this stop the small claims track and end the case?
Can I apply for a Civil Restrain Order against this man ? Is it appropriate ?
I've been back and forward to court and it's costing me a fortune
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : So you had judgment and he tried to set it aside but didn't turn up, is that right?
Customer: I had a judgement by default in April 2014. He applied to set aside and failed because he was asked for a statement of truth which he failed to submit
Customer: I wnforced by third party debt order - he failed to turn up
Customer: I was paid in October 2014
Customer: he applied again in March this year to set aside - hearing was Friday 10th April. He failed to turn up
Customer: judge said the application failed and an order would be sent out ( for the second time )
Customer: His first application to set aside was July last year. This was the second one
Alex Watts : Ok, but this second one was dismissed correct ?
Customer: Yes that's correct
Customer: But I can't understand why I now hAve a questionnaire with guidance for a defended claim ? He did submit a defence ready for the hearing but the judge didn't even look at it as he wasn't there at the hearing
Customer: Are you still there
Alex Watts :

Sorry I just went offline.

Alex Watts :

Its not, the admin sent it by mistake.

Alex Watts :

You entered Judgment and it has NOT been set aside.

Alex Watts :

Its not a defended claim

Alex Watts :

You should just write to the Court and explain it was sent in error

Alex Watts :

In short, you have Judgment and it has NOT been set aside

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Thank you - I don't know how you can do tho job - I would be having kittens daily
Customer: just one thing - can I apply for a civil restraining order against him to stop further applications in this case?
Alex Watts :

You can but the Judge must find they are totally without merit. Not turning up is not enough

Alex Watts :

I am sorry

Customer: Ok thanks.
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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