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Does any body have any knowledge or experience of a defendant claiming for a CCJ to be set aside?
Basically had a client last year cancel a wedding cake. Under our T&C’s due to late notice they had to pay half the balance due. They refused. (reason for cancellation is that they couldn't afford it however both their social media profiles are very open and clearly show images of them cutting a lavish cake at their wedding. My design made by someone else but that another issue)
I submitted a small claim court claim via money online claim on 14/8/2017. They didn’t respond so on 5/9/2017 I requested judgement and on 6/9/2017 judgement was awarded by default. I reissued invoice advising them judgement had been awarded and payment needs to be made by x date. Two days before payment was due I reissued invoice and advised that should payment not be received then they will have a CCJ and I will instruct bailiffs. No payment - no communication so on 10/10/2017 i requested a warrant and bailiffs since then have visited twice.
We have now had a letter from the court saying it has been transferred and money online claim says that a bar has been put in place on 28/2/2018.
I am personally thinking What a joke - how on earth can they appeal after all this time. From what I have read about having a CCJ set aside they can apply for this if they didn’t receive, or respond to, the original claim. I’ve also read that a court won’t usually agree to set aside a CCJ if they received the original claim form and failed to replied to it in time. If they had a defence they should have bought it up at that point. If they didn’t respond to the original claim form they have to explain why. Also if they delayed applying to set aside the CCJ after they found out about it they have to explain why.
With that in mind can I / should I, write to the court with all the details and dates of emails etc proving that they were fully aware that this action was taking place and I dispute their appeal? Would this work in my favour as surely by keeping them fully up to date throughout the process they would have to give really good reasons to the judge now as to why they didn't reply. Tbh at this point I have written off getting the money but it’s the principle of it now.
I should also say that a fellow wedding supplier and friend is also currently going through the same thing with them. They are just at the stage where they have requested a warrant. Cancelled her because they couldn't afford them (they are a string quartet booked to play the brides processional music) yet again their FB profiles have videos bragging about how she walked in accompanied by a saxophonist.
I know the email addresses I used to send them information were valid and in use as they were still communicating with the other wedding supplier from these email addresses.
Basically had a client last year cancel a wedding cake. Under our T&C’s due to late notice they had to pay half the balance due. They refused. (reason for cancellation is that they couldn't afford it however both their social media profiles are very open and clearly show images of them cutting a lavish cake at their wedding. My design made by someone else but that another issue)
I submitted a small claim court claim via money online claim on 14/8/2017. They didn’t respond so on 5/9/2017 I requested judgement and on 6/9/2017 judgement was awarded by default. I reissued invoice advising them judgement had been awarded and payment needs to be made by x date. Two days before payment was due I reissued invoice and advised that should payment not be received then they will have a CCJ and I will instruct bailiffs. No payment - no communication so on 10/10/2017 i requested a warrant and bailiffs since then have visited twice.
We have now had a letter from the court saying it has been transferred and money online claim says that a bar has been put in place on 28/2/2018.
I am personally thinking What a joke - how on earth can they appeal after all this time. From what I have read about having a CCJ set aside they can apply for this if they didn’t receive, or respond to, the original claim. I’ve also read that a court won’t usually agree to set aside a CCJ if they received the original claim form and failed to replied to it in time. If they had a defence they should have bought it up at that point. If they didn’t respond to the original claim form they have to explain why. Also if they delayed applying to set aside the CCJ after they found out about it they have to explain why.
With that in mind can I / should I, write to the court with all the details and dates of emails etc proving that they were fully aware that this action was taking place and I dispute their appeal? Would this work in my favour as surely by keeping them fully up to date throughout the process they would have to give really good reasons to the judge now as to why they didn't reply. Tbh at this point I have written off getting the money but it’s the principle of it now.
I should also say that a fellow wedding supplier and friend is also currently going through the same thing with them. They are just at the stage where they have requested a warrant. Cancelled her because they couldn't afford them (they are a string quartet booked to play the brides processional music) yet again their FB profiles have videos bragging about how she walked in accompanied by a saxophonist.
I know the email addresses I used to send them information were valid and in use as they were still communicating with the other wedding supplier from these email addresses.
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