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Thomas Judge
Thomas Judge, Lawyer
Category: Bankruptcy Law
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Experience:  Over 20 years of experience
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My husband won a court claim against a customer who did not

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My husband won a court claim against a customer who did not want to pay his service fees (he is a Painter and Decorator). The court made a decision as follows:1. Judgement for the Claimant against Defendant 1 in the sum of £885.20 to be paid by October 2017.
2. The Claim against Defendant 2 is struck out
3. The Counterclaim is struck out.
4. Claimant's costs summarily assessed at £60 to be paid by Defendant 1 by 9 October 2017.The Defendant 1 did not respond to our late payment reminders, did not come to the Preliminary hearing and the Judge made a what I believe is called a Default Order. The Defendant 1 did not pay off the debt and to avoid the stress and further costs we left this case as it is. Did not send bailiffs, etc.Two days ago, my husband received a letter dated 12 February stating the following:'Before Deputy District Judge Oldham sitting at the County Court at Romford (address).Upon hearing the 1st Defendant in personUpon it appearing to the Court that the Claimant has not been served with the First Defendant's Application.IT IS ORDERED THAT1. The hearing do be adjourned to 23 April 2018 at 10:00 am, time estimate 20 minutes
2. The Defendant do serve a copy of the application and this Order on the Claimant and file a certificate of service.
3. Denisas Timofejevas t/a Den The Painter do be substituted as Claimant in this claim in place of Den The painter. Service of the amended statement of case be be dispensed with. ''Please translate this Order into everyday language as I am a little confused because it has been six months and the 21 days to appeal against the decision have passed. Is my understanding of the fact that the Defendant set the judgement aside is correct? What could she have done to convince the Court to order another hearing? Will the Defendant be filing a defence and making a statement of truth? What should we expect in terms of proceedings? Thank you

Let me see if I can help. The new order does not state that the original judgment has been set aside. As such the judgment still stands. In part that application may well be considered by the court on 3 April. You were not served with the application and as such this is why the court are looking at the matter on 23 April

Customer: replied 1 year ago.
I am not a lawyer and am asking you translate this into everyday English, please?i.e. ' You were not served with the application' I don't know what that
Customer: replied 1 year ago.
this 'Service of the amended statement of case be be dispensed with.'
Customer: replied 1 year ago.
Did the judge trigger the case again because the Defendant did not pay the debt? Or is it the Defendant who asked the Judge to reconsider the decision?
You were not served means that you were not told that the defendant had made the application to set aside the judgment. The judge did not trigger the case. The defendant did.
Customer: replied 1 year ago.
what application did the defendant make?
Customer: replied 1 year ago.
1. Did the defendant make an application to set aside the judgement?
2. Will she be giving us this application in front of the judge in April?
3. How can we respond to the application to set aside the judgement? (reject, accept, or is it nothing to do with us bu the judge will decide)
1. Yes
3. You will be given time by the judge to consider their application before any decisions are made.
Customer: replied 1 year ago.
Re:3. You will be given time by the judge to consider their application before any decisions are made.1. How long?
2. What options do we have?
1. He should adjourn the hearing to give you sufficient time to consider the matter.
2. It depends on the basis of the application.
I hope this answers your questions. Please can you rate positive.

I hope that answers your question. Please ask anything as necessary.

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Thomas Judge and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi thank you for your assistance. There's one last thing I'd like to know. When we submitted the above case to court in first place, we provided all evidence we had on hand to prove that the Defendant owes us money. This included a printout of the conversation I had recorded for training and facts establishments purposes where the Defendant provided a set date to clear the balance. Now, amid the Default Order all evidence was handed back to us and I doubt the court has any record of it now when the Set Aside request was submitted by the Defendant. Can we post this evidence back to court so they have time to study this evidence that will help the judge make a decision on the hearing date?Re the rating - sorry with a few legal cases going on at the same time I find it a little pressurised to be asked to rate 3+ stars. Anyway, all ok, apologies for the delay, you are doing a great job and you deserve to get paid for what you are doing. Thank you for the help.
Customer: replied 1 year ago.
I guess I shouldn’t expect to hear from you now

I have only just seen this. You can send it into court prior to the hearing.