Court advice needed

Shezz

Hi

Please move if not in the right place

Hi

My MIL took to court the person who brought her Residential mobile home from her after her husband suddenly passed away (park owner or at least we thought he was) he withheld money from the sale of the home as he felt she owed it to him.

We took him to the small claims court and won the case as he did not respond to the letters sent.

He has now sent us an application notice of his intent to have the judgement overturned and has written a statement to the court as to why.

We have noticed a lot of flaws in his statement which we can proof as untrue and feel we have quite a bit of evidence to support our claim, but as I am not legally minded I am unsure how to present this to court without getting it wrong.

My MIL has no money and is an OAP can we get any sort of legal aid. the defendant will not be attending court (his solicitor will) he will be on the phone, on top of that we have to drive to Lincolnshire from Essex for the court case.

Any help or advice that anyone could give me I would be grateful.

Thank you

Car1980

Presumably it will just be a hearing for an application to set the judgment aside. Is this correct?

If so he will need to explain why he did not respond to anything and why the case should proceed. You can save any legal representation for if the case actually proceeds. I doubt the judge will even bother with him on the phone and it won't look good if he can't be bothered attending himself.

At this stage you can just turn up with the aim of demonstrating which letters he has ignored, that he hasn't even attended in person and that even if the case proceeds you should be entitled to costs to attend the set aside hearing.