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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a claimant. Following a default judgement that has been

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I am a claimant. Following a default judgement that has been reached against the defendant
The dendant is currently contracting through his lawyers for the case to be set aside and costs to be paid by me.
Also there is a date for hearing.
As the claimant, i intend to attend the hearing stating why the judgement should not be set aside.
My issue is I have recieved 3 letters from the defendants solicitor asking that I pay for the fees of his client even before the hearing which is due in four days.
Should I ignore these letters?
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What is the nature of the application to set aside please?

Customer: Thanks Alex
Customer: It is case regarding debt owed for the job I did a contract.
Customer: my fees were never paid, I had no choice after a lot of nails and conversation to file a case
Customer: The defendant never responded and the court reached a default judgement
Alex Watts :

Ok - what is the basis that he is applying to set aside?

Customer: To my surprise the defendants lawyer wrote the court asking that the default judgement be set aside and for me to pay the costs of his client.
Customer: The basis is that my case is vexatious
Customer: That the website by which I filed the case was down so they couldn't respond
Customer: Which I have found out it is lies because I called the website to verify
Alex Watts :

Ok - ignore the letters

Alex Watts :

If you dispute the application to set aside you should file a statement (also to be sent to D) saying why

Alex Watts :

This needs to be done before the hearing

Alex Watts :

But you don't have to pay costs of the other side

Alex Watts :

They should also file a draft defence with the application and their statement, so you can see what their defence is

Customer: That my case is dishonest. Wholly misconstrued and brought unreasonably
Alex Watts :

The test is simple - is there is a realistic defence.

Alex Watts :

So any form of defence no matter how weak is capable of having it set aside

Alex Watts :

Bear in mind this is not the trial, just to probe to see if any real defence exists.

Alex Watts :

But even with an application to set aside you wont normally to have to pay costs

Alex Watts :

Its the Defendants fault he did not reply

Alex Watts :

So ignore the letter but file a statement saying why you oppose it

Alex Watts :

Can I clarify anything for you about this today please?

Customer: So is the claimants letters gone over board by asking me to pay for costs even before hearing???
Alex Watts :

Yes indeed.

Alex Watts :

And you should bring this to the attention of the Judge too

Alex Watts :

This goes towards the issue of their conduct

Alex Watts :

Only the Court can award costs, no one else

Alex Watts :

Does that help?

Customer: Phew!
Alex Watts :

Can I clarify anything else?

Customer: It's just exhausting
Customer: It helps
Alex Watts :


Customer: I sent my letter to the court
Alex Watts :


Customer: I will have to send same copy to the claimants lawyers
Alex Watts :


Customer: It clarifies alot...court hearing is in four days and I just recieved a letter again today per their clients costs
Alex Watts :

OK - ignore it

Alex Watts :

Does this answer the question for you?

Customer: Yes Alex
Customer: Alex!!!
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

If the system won’t let you please click reply.

Please bookmark my profile if you wish for future help:

Customer: Is it a necessity to send a copy to the claimants lawyers? I have never communicated with them
Alex Watts :

I would yes.

Alex Watts :

Otherwise you can't rely on it at Court

Customer: Ok
Alex Watts :

Does that clarify?

Ash and 2 other Law Specialists are ready to help you