Hearing at Court

whitelightening444

I wonder if anyone could tell me what a hearing is like with a judge. We have been given a date for one as I sent a letter to the court following a failed Order for questioning, an ignored undertaking and an issue with money owed for this and other fees which we have paid out trying to locate the defendant etc and costs to take this person to court.

The defendant owed a member of my family money and due to the timescales of courts etc the questioning took place prior to HCEO getting the money. This was applied for as we were struggling to enforce a High Court Writ which we transferred the CCJ too and thought we may have to get money direct out the defendants wages. In my application for questioning additional costs were added (late payment interest, county court cost for a warrant) but as it took so long for the questioning the High Court Writ didn't include this.

Also the lady who did the questioning didn't advise or tick the box that the defendant should pay the questioning costs. So in my mind although the basic CCJ has been paid the bits on top haven't. Also the questioning hasn't taken place and the undertaking to get the defendant to supply financial evidence despite is paying for it.

We have put in a claim for costs for tracing and process serving but we don't want to go through the months of getting a warrant of control, county court and High Court Writ and it's costs as we would also use the questioning for this Claim to get money direct from wages as we are sure the defendant has assets.

I'm worried about the hearing itself basically being shot down by a judge saying we are wasting our time. I can't see why we should pay for a solicitor when some of it is common sense.

The defendant ignored two court orders and the court hasn't followed it up despite us paying for it.

The defendant has now ignored a second CCJ for costs and why should we go through the whole process again when it should of been added in the first case.

This has been over a year now since the first claim, which was admitted to but why should we pay for trying to get money that is owed which was admitted in the first place.

Any advice would be grateful. Is the hearing as daunting as it sounds.

sourcrates

Hi,

The hearing you attend will not be like a crown court setting, the judge wont be wearing robes etc, its all usually quiet informal.
The meeting will take place in chambers, usually, you will sit down at a desk, you and your solicitor one side, the judge at the other, and the business of the day will be discussed.

This is my own experience from a repossession order a few years ago, I would assume the process you describe will be conducted in a similar manor.