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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have just received judgment on a small claims court for

Resolved Question:

We have just received judgment on a small claims court for £8k.
We have received a letter from the defendants solicitors wanting us to agree it to be set aside because of an administrative error by the court service. They have given us 24 hrs to agree or they will seek all legal costs should it be set aside
If they get it set aside and win the case can be liable for there solicitors costs etc. as the reason we went don the small claims was to the costs down.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What was the Court error do you know?
Customer: replied 2 years ago.
Their solicitor says they lodged an acknowledgement of service with 14 days. On the 9th April they filed at money claim centre there defence.by post and email but the faxed copy failed. The cheque was by hard copy. There say they were informed by that the cheques was received by 13 April.
the money centre.
On the 17th April or so they were informed by the court that we had requested judgement in default.
On the 21st April they were told by money claims centre that they required the original claim form and claim the cheque wasn't attached..
We sent them a cheque the same day.
Customer: replied 2 years ago.
Sent informatiom
Expert:  Ash replied 2 years ago.
Thank you. It is the Courts fault so you should really consent for it to be set aside. This is because the Judge MUST set aside if it is a Court error. This is clearly the case here. If they win the application they are entitled to ask for costs. Whether or not they would get them is a different matter.
As such you may think you don't want to risk costs against you and therefore agree to set side. But because its a Court error then yes, it will be set aside.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi thank you. Surely it's up to the court to agree if they have made a mistake .i wouldn't know as I am only going by what there solicitor says.
My biggest worry is as they are using a solicitor can I pick up all his cost as we'll if we did lose.
Expert:  Ash replied 2 years ago.
No the Court will list it for hearing and then decide whether to set aside. But the rules are if its the court mistake they must set it aside, but only a Judge can order that.
As for costs, you should agree this application. Then if its £8k its a small claim and they can't get costs against you only if you have acted unreasonably in the claim. But that is a very high threshold.
So you should agree this application and let it go for a small claim hearing.
Can I clarify anything else for you?
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex