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Court Case Help Please :-(

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Court Case Help Please :-(

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TGis1TGis1 Forumite
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Good morning all.  I wonder if anyone can help regarding a county court case I have which is ongoing against a company.
I don't want to mention the name of the company as I have read cases where they have also sued people for this.  Here is the short version of the story to date:
Flooring fitted June 2019
Flooring started lifting in various places - informed company October 2019 by telephone 
Company did not respond.  Sent email and photos.  Company did not reply.  Visited store.  Asked to resend photos.  
Replies went backwards and forwards between store and head office with various excuses for months.  Finally agreed to replace flooring but advised to choose an upgrade as this particular flooring has problems.  Went to store Dec 2019, chose and paid for upgrade flooring - i chose flooring which was in stock to speed things up.  Was told fitters very busy before christmas but would be fitted within 1 month.  Chased and chased for date.  Finally fitters available but sorry we made a mistake, not in stock and no idea when it will be.  I finally issued a money claim online for the full amount.
Both parties opted for mediation.  Mediation agreement was to uplift flooring and full refund.  Unfortunately the agreed uplift date was in lockdown period.  Stores re-opened in May,  no contact to re-organise uplift.  I applied for a default judgement.  Was awarded July 2020.
Company have now applied to set aside because their business was adversely affected by lockdown measures and they could not fulfill the mediation agreement.  They now state that they want to go to court to defend the full claim.
So I am still left with faulty flooring and now a set aside application (and to pay their costs if they win).
Any support advice please would be very much appreciated. :-(


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Replies

  • JJ_EganJJ_Egan Forumite
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    You need proper legal advice not random forum users non legal opinions .
  • TGis1TGis1 Forumite
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    yes that would be ideal but unfortunately i'm a single mum and can't afford it
  • mobileronmobileron Forumite
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    Send in the Sheriffs 
  • waamowaamo Forumite
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    How much did you have awarded to you? If it's under £10k I see no reason why you would have to pay their costs.
    This space for hire.
  • edited 1 August at 9:41AM
    tacpot12tacpot12 Forumite
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    edited 1 August at 9:41AM
    You can argue that the court should not set aside the judgement - CPR 13.3 requires either that the defendant has a real prospect of successfully defending the claim; or
    there is some other good reason why the judgment should be set aside. 

    I would argue that there was nothing about the lockdown that would have prevented them from refunding your money, and they should have done so as they agreed to do during mediation. The court could order set-aside its judgement on whether they should pay to lift the floor, but not its judgement that they should pay. (and you can suggest this in your objection). 

    I would say that the fact they have previously agreed to refund your money at mediation means that they don't have any real prospect of successfully defending the claim, unless they have new evidence that has come out after mediation. If their application to set aside doesn't mention this new evidence I would draw attention to the fact that they have not stated that there is anything new to be considered means that they don't have any prospect of successfully defending their claim. 

    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always check official information sources before relying on my posts.
  • JJ_EganJJ_Egan Forumite
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    CAB  give legal advice .
  • TGis1TGis1 Forumite
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    JJ_Egan said:
    CAB  give legal advice .
    thanks JJ.  Yes I have had plenty from here.  Just looking for some support I guess as this is making me very stressed.
  • TGis1TGis1 Forumite
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    First Post
    MoneySaving Newbie
    tacpot12 said:
    You can argue that the court should not set aside the judgement - CPR 13.3 requires either that the defendant has a real prospect of successfully defending the claim; or
    there is some other good reason why the judgment should be set aside. 

    I would argue that there was nothing about the lockdown that would have prevented them from refunding your money, and they should have done so as they agreed to do during mediation. The court could order set-aside its judgement on whether they should pay to lift the floor, but not its judgement that they should pay. (and you can suggest this in your objection). 

    I would say that the fact they have previously agreed to refund your money at mediation means that they don't have any real prospect of successfully defending the claim, unless they have new evidence that has come out after mediation. If their application to set aside doesn't mention this new evidence I would draw attention to the fact that they have not stated that there is anything new to be considered means that they don't have any prospect of successfully defending their claim. 

    thank you.  yes this is my feeling too.  I don't see how they could successfully defend their claim either
  • TGis1TGis1 Forumite
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    mobileron said:
    Send in the Sheriffs 
    you can't do that if they have applied to have the judgement set aside
  • TGis1TGis1 Forumite
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    waamo said:
    How much did you have awarded to you? If it's under £10k I see no reason why you would have to pay their costs.
    its £1500, their costs for the set aside are allowed to be awarded. £255
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