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Hi everyone I am Danni I'm a newbie.
Sorry to bother you straight away asking for advice but I am in a sticky situation.
So I had an issue with an online gambling website and long story short we had heated discussions about whether I had won a bet.
I was told by them that I could take them to Court and they told me their address for Court mail - it is in the UK.
I served them using the money claim online service, then waited. They acknowledged, but did not get a defence in before the deadline and I asked for and won a default judgment.
I called the county court bulk centre to make sure they had not received a Defence that day (this would have meant the default was reversed) and they had not - so the default judgement stood!
I was delighted. It meant I could book a late Summer holiday with my boyfriend. We have not been away this year.
I spent the £600 I was awarded on two non-refundable flights, four days after the default win was sent to me.
The day after I received an application by the Defendant.
It asks for the default to be overturned. He states he made an error in his diary, hence his not sending the Defence in on time. He states I served the wrong address and company and should have started a legal claim in Gibraltar (although the UK address that I used was the info given to me by the company itself) and then he states the claim is easily defendable which is bs.
I don't know what to do - is this fair? Is it likely the default will be overturned? I am relying on the £600 for this holiday, otherwise we cannot go and I am effectively £600 out of pocket.
On another board someone stated that there are now rules about strictness in Courts and Court proceedings and that deadlines must be obeyed.
I am very upset. Can anyone help me figure out the likelihood that this will be overturned, and what to say at an application hearing if the app to overturn the decision goes ahead?
Danni xx
Sorry to bother you straight away asking for advice but I am in a sticky situation.
So I had an issue with an online gambling website and long story short we had heated discussions about whether I had won a bet.
I was told by them that I could take them to Court and they told me their address for Court mail - it is in the UK.
I served them using the money claim online service, then waited. They acknowledged, but did not get a defence in before the deadline and I asked for and won a default judgment.
I called the county court bulk centre to make sure they had not received a Defence that day (this would have meant the default was reversed) and they had not - so the default judgement stood!
I was delighted. It meant I could book a late Summer holiday with my boyfriend. We have not been away this year.
I spent the £600 I was awarded on two non-refundable flights, four days after the default win was sent to me.
The day after I received an application by the Defendant.
It asks for the default to be overturned. He states he made an error in his diary, hence his not sending the Defence in on time. He states I served the wrong address and company and should have started a legal claim in Gibraltar (although the UK address that I used was the info given to me by the company itself) and then he states the claim is easily defendable which is bs.
I don't know what to do - is this fair? Is it likely the default will be overturned? I am relying on the £600 for this holiday, otherwise we cannot go and I am effectively £600 out of pocket.
On another board someone stated that there are now rules about strictness in Courts and Court proceedings and that deadlines must be obeyed.
I am very upset. Can anyone help me figure out the likelihood that this will be overturned, and what to say at an application hearing if the app to overturn the decision goes ahead?
Danni xx
xx
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