Are there any legal bods out there? (1 Viewer)

[hotrod]

I rented my flat out while I lived abroad for a couple of years, unfortunately the tenant wrecked it. To recover the cost of damage I took him to court. As he had left no forwarding address I had to use a trace agency, and after he failed to respond the court granted me judgement. When the court bailiffs tried to recover the money it was discovered that the tenant had moved again without leaving a forwarding address. By using the trace agency again his latest address was found and the court bailiffs again paid him a visit, following their visit the tenant applied for the judgement to be set
aside. Following a telephone hearing the judge ordered that the original judgement to be set aside and new hearing date has been set.

I have been told by the court that I have to pay for the cost of the new hearing. The question I am asking is why should I have to pay when I have already been granted judgment and it is the tenant who has instigated the further court action.


Regards.

 

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[Colin1883]

Not a legal bod, have you seen can't pay well take it away?, it seems once you get a ccj if you take up to the high court and get a judgment they will send ppl out and take all his money or goods

 

[Grendel]

Not a legal bod, have you seen can't pay well take it away?, it seems once you get a ccj if you take up to the high court and get a judgment they will send ppl out and take all his money or goods

No the same thing - from what I can see here the original judgement was conceded due to no ability to contact the accused? I assume now you can contact him the case will have to be judged on the merits of the claim,

Ask a solicitor - some offer free initial consultation - the key is I guess if you win will the costs of the original case be moved to him. You do also need to assess the ability to pay as well from his side.

 

[chiefdave]

Check your insurance, you might have some legal cover for this kind of thing.

 

[hotrod]

Are there any legal bods

Hi, thank you for your replies.

1/ Once you have a CCJ awarded to you there is know need to apply to the High Court.

2/ Even after you been awarded judgement the defendant can still apply to set aside the judgement, sometimes the judgement is upheld. but some times the judge can decide that can be another hearing.

3/ I am now back living in the flat and the incident concerned is over two years ago. I think I am too far down the line to claim on my insurance.

As I said previously I cannot understand why I have to pay the cost of the new hearing when the delays have been caused by the defendant.


Regards.