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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71037
Experience:  Over 5 years in practice
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I am taking a company to court for making a mess of installing

Customer Question

I am taking a company to court for making a mess of installing a granite worktop which we put an advance 50% depositon. the claim is for £2000. the worktop was removed by another company after the defendant eventually agreed to reimburse me. I indicated they could collect the removed granite worktop from my garage when we had been reimbursed . they agreed to do this but on the day they agreed to collect and reimburse us they never turned up and did not reimburse us. they did not answer any further calls or correspondence from us. they now claim we were being unreasonable because we asked them on the day to turn up before 5pm. They never indicated this on the day or since until they received the summons.

They have now asked for the judgement to be set aside claiming their defence got lost in the post.

Do I have to turn up at court for this hearing and do I need legal representation which will be costly but I have never appeared in court before ?

your advise greatly appreciated

many thanks
Simon Whitaker
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

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

Is this just an application that they are making to have the judgement set aside?
Customer: replied 3 years ago.

the case has been transferred to Bromley County Court and they have set a date of 23/5/14 for the hearing of the defendants application for setting aside the original judgement in our favour.

Expert:  Jo C. replied 3 years ago.
You can attend court if you wish but if you don't, the judgement will be set aside and it will be relisted for a hearing at a future date.

Remember, getting the judgement set aside does not mean that you have lost. It just means that it is set aside temporarily pending a hearing when they submit a defence and you can cross examine them.

Unless you can prove that they got the papers because there is subsequent correspondence which proves that they did get the papers (otherwise they would not have been able to reply in the way they did), then they are likely to get the judgement set aside in the short term.

Therefore, unless you have any proof that shows that they did get the papers you may want to not bother going to the set aside hearing but deal with the claim at the eventual trial.

On facts like this, an application to set aside (in the absence of proof to the contrary regarding receipt of papers) is usually successful.

Can I clarify anything for you?

Customer: replied 3 years ago.

thanks your reply. the defendant is claiming the court did not receive their previous n244 defence papers and that it must have been lost in the post before the judgement was made.


I don't want to attend court for this application if its not necessary and the case will be heard on a different date anyway.


However do I have to cross-examine them myself when the case is eventually heard ? is a written submission from me enough ? I have no experience of anything like this.

The defendant put in writing in an email to me that he would refund me on the day they came to collect the removed work tops. he didn't turn up and never made any refund. I cannot see how he can defend the case ?


Many thanks

Simon Whitaker


Expert:  Jo C. replied 3 years ago.
Sorry for the delay.

Are you asking what action can be taken?