Off to small claims court as sofa company apply "to set judgment aside"

Rockerchick,_75

[FONT=&quot]Hi All
Please may you help, and share your experience and thoughts on our predicament please.

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[FONT=&quot]We’ve had an ongoing battle with a sofa company for the last 2 years.[/FONT]
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Its been a ridiculous struggle to try and get our money back even after we have proved independently that the sofa was manufactured incorrectly, not fit for purpose, not of merchantable quality, restoration work is beyond economical repair & we requested a full refund under sales of goods act 1979 section 14 (2) & (2b).[/FONT]


[FONT=&quot]So we took them to small claims court. And waited the 30 days to see if they would contest, deny, agree…nothing at all.[/FONT]
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[FONT=&quot]Judgement was made against the company. Great we thought the end is in sight. We will be getting our money back.[/FONT]

[FONT=&quot](We have had to use garden furniture to sit on for the past 2 years as we can’t afford to replace the sofa. Its having a detrimental effect on my partners health. )[/FONT]
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[FONT=&quot]We instructed via money claim on line to send the bailiffs and thought that we would get our money back as agreed by the courts.[/FONT]

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[FONT=&quot]Today we received a letter stating the defendant has applied to set the judgement aside.[/FONT]
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[FONT=&quot]We have no legal experience and it’s all very daunting.

Our question is do we need to get a solicitor to represent us at court?

As proof to submit we have independent report, photos of sofa degeneration, detailed communication & email log, receipt, delivery note, their guarantee.
Any help, experience or thoughts on our predicament are really appreciated.


Many thanks

Rockerchick[/FONT]

wealdroam

Does this continue from your earlier thread?

You probably do not need a solicitor.

From MSE's Small Claims Court guide:

In all but the most complicated cases, you shouldn't need the help of a lawyer. The small claims system is designed with this in mind. Free sources of help such as Citizens Advice Bureaux are listed in the How To Complain guide if you do need assistance.

bod1467

What reason are they giving for requesting the set-aside? (Bear in mind that the set-aside will be costing them at least £155 to start with, so I believe).

Do you still have the furniture but are not using it because of the issues? (To avoid any "acceptance" claim by the company).

Can you prove the lack of furniture is impacting your partner's health? (If yes you may have a damages claim against the sofa company).

Might be worth a half-hour free consultation with a solicitor (or CAB) to get other opinions.

Rockerchick,_75

Thanks so much guys.
We can't use the sofa at all as the internal structure has collasped.

The only paper work we have received is from the county court :

"To all parties. This claim has been transfered to the County Court at Sunderland for that court to deal with the defendant's application TO SET JUDEMENT ASIDE.
That court will send you and the other parties notice of the time, date and place of hearing."

No mention of what they will be using in court.

Before we went to small claims we asked for copies of their expert report from the abandoned repair (they brought cushion covers to repair the internal structure) as we had already sent our independent report to them. We got nothing back.

I'll make an appointment with the CAB, not having a sofa for so long has disprupted our lives to a huge degree.

Although its very daunting to now go to court after judgment was entered against the defendent we refuse to be bullied on this.

Many thanks again for your help, its much appreciated.
Rockerchick

InsideInsurance

The whole intention of the small track of the county court is that you can self represent, hence solicitor/barrister fees are basically barred from being added to claim in all but the most exceptional circumstances.

Its disappointing if they get the judgement set aside but ultimately its no different than when you first filed the proceedings you get your day in court.

wealdroam

Rockerchick,_75 wrote: »

The only paper work we have received is from the county court :

"To all parties. This claim has been transfered to the County Court at Sunderland for that court to deal with the defendant's application TO SET JUDEMENT ASIDE.
That court will send you and the other parties notice of the time, date and place of hearing."

No mention of what they will be using in court.

Isn't that hearing just to decide whether the judgement should be set aside?

I hasten to add that I am not a lawyer, but perhaps the question I have just asked could be asked of the CAB, or maybe ring the court in Sunderland.

bod1467

I believe you are correct - the hearing won't be to judge the claim, just to determine whether the defendant has a valid case to set aside the default judgement. If the set aside is granted then a new hearing will be set to re-judge the original claim.

Bantex_2

How can a dodgy sofa affect ones health?

hollydays

Bantex wrote: »

How can a dodgy sofa affect ones health?

Long running disputes can be stressful, plus, how would you like to have to sit on garden furniture for that length of time. Your home is supposed to be the place you go to relax and re charge.