Advice on Judgement made

[Jazyt69]

I have won a case against a company who owe me money. The company is split in 2, one part is a Ltd Company and the other is a Charity.

The director I am dealing with is the director of both companies and kept changing his mind on who owed me money so put a claim against both to be equally and jointly liable.

As usual, from the moment I put claim in they waited until last day to put AOS in and the defence.

We finally got to the DQ stage and they failed to send DQs in. They got a warning to say if they did not send DQs in for both companies the defence would be struck off.

Compant 1 put DQs but Company 2 did not. The time has elapse and I have requested that Company 2 defence is struck out, which it has been and a default judgement has been sent to Company 2.

My question is can they try to appeal this or have it set aside as is a default judgement caused by them not doing what they were meant to?

thanks

[des8]

They can apply to have it set aside.
Meanwhile continue the claim against Co.1 if you think their defence will fail

[Jazyt69]

Co1 defence is as follows we know we owe you the money but we don't have it. Another person owes us money and when they pay us we will pay you.

[Jazyt69]

It is strange that if someone gets a warning to do something and is aware that the punishment for failing is to have defence struck off and a judgement made, they still can appeal.

[des8]

Trouble is from your point of view that if they come up with some sort of explanation/excuse the courts will bend over backwards trying to be fair.

Don't think much of the defence, but problem is that if it is true, when you win you still don't get paid and had to pay your court costs.