Small Claims Court No response from defendant.

Mikeboz

I took a business owner to the small claims court, but she never responded to the court.
I asked for a judgement to be made, which was granted by the court. 
A few weeks later the defendant has asked for the decision to be set aside as she says she never received any emails or letters from the court even though the contact details were correct. 
Where do I stand now? A judgement in my favour and a further delay in  receiving my due payment. 
Does the court usually have confirmation that mail/emails have been received by the defendant?
Advice welcome

lincroft1710

A CCJ can be set aside if the court believes there is good reason to do so. If the CCJ is set aside then you will have to go through the whole procedure again. 

dunstonh

A few weeks later the defendant has asked for the decision to be set aside as she says she never received any emails or letters from the court even though the contact details were correct. 
Where do I stand now?

The judgement is set aside and its starts all over again.

Does the court usually have confirmation that mail/emails have been received by the defendant?

No.

This is effectively what happened to Boris recently.  

macman

There is no requirement to prove delivery. All that is needed is proof of posting. Service is assumed to have been made 2 days later.
'I never received it' is not in itself a valid reason for a set-aside. if it were, every defendant would use it.
Unless there are other factors, the CCJ will remain. However, getting judgement does not mean you will ever get paid. You may well have to instruct bailiffs to seize assets, and that may or may not prove successful.

macman

dunstonh said:

A few weeks later the defendant has asked for the decision to be set aside as she says she never received any emails or letters from the court even though the contact details were correct. 
Where do I stand now?

The judgement is set aside and its starts all over again.

Does the court usually have confirmation that mail/emails have been received by the defendant?

No.

This is effectively what happened to Boris recently.  

Not quite. Downing St never denied that the claim had been served. It was thrown out because the claim was such that the County Court was not competent to deal with it, since it was a defamation allegation. The plaintiff was allegedly a serial complainant: she had also attempted to claim from the Queen and the BBC, amongst others.
The judgement was obtained by default because neither the PM nor Downing St ever defended it at the time.