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Challenging General of judgement or order

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  • Challenging General of judgement or order

    Hi All.

    I think I know the answer to this question but I'm justjaust as for peace of mind.

    Basically the judge is ruling in my favour but obviously the defendant has been given the option to apply to have it varoed/set aside.

    ​​​​​​​So can he just write a long (and rather boring) email challeginch me or does he have to go down the formal route.. i.e apply and pay to have the order varied/set aside
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  • #2
    Just replied on your other thread.... has he written a long and rather boring email to you and sent same to the court then?

    If so, really you'll just have to wait see what the Judge decides to do with it.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    • #3
      He emailed me directly and cc'd in the court. The date on the form is 26th November 2018 and it has been well over the 7 days.

      I responded to the court last week but he doesn't know that.

      He wants me to reply, but he doesn't know that I have already informed the court of a harassment claim he has made against me (complete with crime reference number), which justifies the reason why I will not contact him in any way or copy him in any emails.

      I also forwarded the email to the police, as he was advised not to contact me (he also wrote that in his defence statement) yet he has done.

      Comment


      • #4
        Well, emailing the other party directly and cc'ing in the court, isn't the way to apply to setaside or vary an order, the court manager will likely take it to the Judge and then he'll issue further directions.

        You're correct not to reply to him in the circumstances. Leave it to the court (and the police) for now.

        Does it seem he is trying to goad you into contacting him so he can use it against you in his harassment complaint? ( has he actually filed for an injunction or anything or just made a spurious report to the police so he can tell the court in this case that he has a crime ref number thinking it would scare you off or set the judge against you? I'm not prying btw - have you got support in dealing with that side of things?)
        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

        Comment


        • #5
          I'm not sure what he's hoping to achieve, I reported it to the investigating officer and she accepted his reply that he just wanted to speak to me about making repayments.. I argued that he clearly disregarded the instructions but she didn't send to care.

          He just made a report to the police, I've been interviewed but apparently this behaviour by him is acceptable.

          I am wondering if he has been served his 30 days notice to pay up.. he wouldn't be too happy about this and it would make sense as to why he has responded so late asking me to agree a repayment plan considering the letter was sent last Monday meaning his 7 days to challenge it are up.

          Comment

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