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Getting money back from claimant after Judgement was set aside

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  • Getting money back from claimant after Judgement was set aside

    I was successful in making an application to set a Judgement aside. The time line is this: High Court Enforcement Officer arrives at my home *out of the blue from a case I was unaware of and demanding payment, payment is made, two weeks later the Judgement is set aside.
    Am I right in thinking that I can now chase the claimant for the return of my money? Any advice on this would be gratefully received.
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  • #2
    Originally posted by Happyguy View Post
    I was successful in making an application to set a Judgement aside. The time line is this: High Court Enforcement Officer arrives at my home out of the blue from a case I was unaware of and demanding payment, payment is made, two weeks later the Judgement is set aside.
    Am I right in thinking that I can now chase the claimant for the return of my money? Any advice on this would be gratefully received.
    The High Court enforcement officers may well have the funds still, have you spoken to them now the judgment is gone? That may be the first port of call
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

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    • #3
      Thank you for replying to my post. I have checked with them and they have passed the payment to the claimant.*

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      • #4
        Write to the claimant, seeking repayment, if not issue a claim yourself for non-return. You should have really got the court to make an order to return the payment.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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        • #5
          Thanks Rob, the story is a bit complex but if anyone is bored and has some time to fill then please click on my name to find my previous posts!*

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