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Contract dispute - want to start small claims but I know the address is wrong

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Comments

  • If I put tracing agents on it, and they locate him, can he then challenge the judgement? Or is the judgement binding at that stage?
  • bap98189
    bap98189 Posts: 3,803 Forumite
    Part of the Furniture 1,000 Posts
    Lily091213 wrote: »
    If I put tracing agents on it, and they locate him, can he then challenge the judgement? Or is the judgement binding at that stage?

    Yes it can be challenged, but he is very unlikely to win.

    You have a signed contract itemising the work to be done. You have proof that you paid him the money. You have very obvious proof that the work was never done. I'm struggling to find any grounds on which he could challenge anything.
  • The reason I asked is because I'll need to pay for the small claims application, then pay for enforcing judgement or/and for tracing agents, then if he challenges, I'll have to pay for another small claims hearing? I know I'll get the costs back but I was trying to understand what I'd need to pay up front.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    The reason I asked is because I'll need to pay for the small claims application, then pay for enforcing judgement or/and for tracing agents, then if he challenges, I'll have to pay for another small claims hearing? I know I'll get the costs back but I was trying to understand what I'd need to pay up front.

    If this is the OP, it's worth remembering which login you used to start the thread :D.
  • Sorry, two logins in the house, me and my husband. He left his logged in.

    Yeah, I was asking whether if he challenges after judgement because he hadn't seen the letters, would I have to pay again to go back to court and start the whole process again, or is the judgement binding at that stage?
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