Small Claims Advice

[Robw54]

Probably not the best forum to be asking, but hoping someone got experience of a pretty straight forwards legal action.

I've recently received default judgement again someone as they failed to reply to the court in time. The case is pretty cut and dry and they agreed the amount outstanding - so I feel we would have won anyway.

However, they have contacted me an said they did reply to the court in time and give the impression they will attempt to have it set aside. Assuming they are correct and its not a delay tactic - my understanding is if I proceed to enforcement, this will then be suspended until the set aside hearing. Do I also lose the associated fees for enforcement?

Whats the best course of action here? Wait 14 days to see if any notice of trying to set aside or proceed with the enforcement?

 

[Mercedes]

Firstly contact the Court to ascertain the current situation. If the defendant has not made an application to have the case set aside then enforce with immediate effect.

If the defendant has made an application to have the case set aside then that takes precedent.