I find this situation almost unbelievable.

I made a small claim in the county Court against an international
insurance company, QBE Insurance Company (UK) Ltd. They didn't submit a defence and I was awarded judgement by default. Upon receiving
judgement they applied to have it set-aside. At the set-aside hearing
their application was dismissed and I was awarded my costs.

Despite giving them 14 days in which to pay my costs after they received
notice of the set aside dismissal they have not paid after 4 weeks!

I presume I can issue another small claim in the County Court for these
costs? The Bailiffs will of course recover the original sum but is it possible to have these costs added to what they're already after?

This is a company whose most recent reported profit after tax was
£23,866,000! Can you believe it?

Malcolm

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On 27/06/2025 10:18, Malcolm Loades wrote:

This is a company whose most recent reported profit after tax was £23,866,000! Can you believe it?

Ignore, I got that wrong. Apologies.

Malcolm

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On 27/06/2025 10:23, Malcolm Loades wrote:

On 27/06/2025 10:18, Malcolm Loades wrote:

This is a company whose most recent reported profit after tax was
£23,866,000!  Can you believe it?

Ignore, I got that wrong.  Apologies.

Malcolm

Was the profit more, or less than that? :)

If costs are owed to you by a defendant you would not start a fresh
court action to recover those costs. You would proceed by way of
enforcement of your existing judgment.

I'm afraid a delay of 4 weeks is not at all unusual when you're dealing
with insurance companies, but they will probably pay up in the end when
they match the documents with the correct file.

You could try hassling them by fax as well as post and email. Even now,
faxes generally get read more quickly.

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On 27/06/2025 10:18, Malcolm Loades wrote:

I find this situation almost unbelievable.

I made a small claim in the county Court against an international
insurance company, QBE Insurance Company (UK) Ltd.  They didn't submit a defence and I was awarded judgement by default.  Upon receiving
judgement they applied to have it set-aside.  At the set-aside hearing
their application was dismissed and I was awarded my costs.

Despite giving them 14 days in which to pay my costs after they received notice of the set aside dismissal they have not paid after 4 weeks!

I presume I can issue another small claim in the County Court for these costs?   The Bailiffs will of course recover the original sum but is it possible to have these costs added to what they're already after?

Do you need to make another claim for the costs? Don't you already have
a court order for a specific amount of costs?

I'd check with whatever firm of bailiffs you instruct, although, as
Todal says, you maybe should just give them a bit more time to get round
to it.

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On 27/06/2025 11:16, GB wrote:

On 27/06/2025 10:18, Malcolm Loades wrote:

I find this situation almost unbelievable.

I made a small claim in the county Court against an international
insurance company, QBE Insurance Company (UK) Ltd.  They didn't submit a
defence and I was awarded judgement by default.  Upon receiving
judgement they applied to have it set-aside.  At the set-aside hearing
their application was dismissed and I was awarded my costs.

Despite giving them 14 days in which to pay my costs after they received
notice of the set aside dismissal they have not paid after 4 weeks!

I presume I can issue another small claim in the County Court for these
costs?   The Bailiffs will of course recover the original sum but is it
possible to have these costs added to what they're already after?

Do you need to make another claim for the costs? Don't you already have
a court order for a specific amount of costs?

The original Judgment was for the money owed, Court Fee and my costs to
bring the claim. So a total of £x pounds.

I attended the unsuccessful hearing to have the judgement set aside.
After the Judge gave his dismissal ruling I asked if I could claim
travel expenses incurred in attending the Court, plus time taken to
produce my statement and Recorded Delivery to the Court. He agreed
costs of £y after I proved these costs.

The Defendant therefore now owes me £x + y.

The problem I see is that the Bailiffs will be pursuing the original
judgement sum. The set-aside dismissal hearing was not a new judgement,
just confirmation of the original.

Malcolm

I'd check with whatever firm of bailiffs you instruct, although, as
Todal says, you maybe should just give them a bit more time to get round
to it.

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On 2025-06-27, Malcolm Loades <devnull@loades.net> wrote:

On 27/06/2025 11:16, GB wrote:

On 27/06/2025 10:18, Malcolm Loades wrote:

I find this situation almost unbelievable.

I made a small claim in the county Court against an international
insurance company, QBE Insurance Company (UK) Ltd.  They didn't submit a >>> defence and I was awarded judgement by default.  Upon receiving
judgement they applied to have it set-aside.  At the set-aside hearing
their application was dismissed and I was awarded my costs.

Despite giving them 14 days in which to pay my costs after they received >>> notice of the set aside dismissal they have not paid after 4 weeks!

I presume I can issue another small claim in the County Court for these
costs?   The Bailiffs will of course recover the original sum but is it >>> possible to have these costs added to what they're already after?

Do you need to make another claim for the costs? Don't you already have
a court order for a specific amount of costs?

The original Judgment was for the money owed, Court Fee and my costs to
bring the claim. So a total of £x pounds.

I attended the unsuccessful hearing to have the judgement set aside.
After the Judge gave his dismissal ruling I asked if I could claim
travel expenses incurred in attending the Court, plus time taken to
produce my statement and Recorded Delivery to the Court. He agreed
costs of £y after I proved these costs.

The Defendant therefore now owes me £x + y.

The problem I see is that the Bailiffs will be pursuing the original judgement sum. The set-aside dismissal hearing was not a new judgement,
just confirmation of the original.

The hearing will have produced an Order from the court, dismissing the application to set aside and ordering that the costs be paid by the
applicant. If you don't have a copy of it, contact the court to ask for
one. Then send it to the bailiffs and ask them to get those costs too
while they're at it.

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