• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Question about enforcement

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Question about enforcement

    I won a case by default -judgment entered for a modest amount couple of hundred 3 weeks ago.
    Defendant filed a defence but sent to the wrong email address.
    They made an application stating had spoken to MCOL and been told claim would be reinstated and they'd get a refund of the application fee. But sent this to the wrong email as well.
    I have waited three weeks, now told them they mucked up sending everything to the wrong email address and that they would have to pay the fee themselves and I am enforcing the judgment as in any case they are now out of time re: Denton.
    They have pulled the same bullheaded attitude as they have all along - "we are in the right and will fight any enforcement".
    As it stands they are defo in the wrong and I am now minded to go ahead with enforcement on that basis as there is no talking to them.
    Thoughts?
    Tags: None

  • #2
    Anybody?

    Comment


    • #3
      Hello

      Have they made a further application at all or communicated with the court in relation to sending the application to the wrong email address? Of course you can take enforcement action but they can then make another application and if it gets set aside, you will have to revert any enforcement carried out with any associated costs in relation to the enforcement at your expense, unless you can convince the court to reimburse you for the cost incurred in enforcement action, assuming you can't get the court to agree the judgment should stand.
      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
      - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
      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.

      Comment


      • #4
        Ignore this.

        Comment


        • #5
          Originally posted by R0b View Post
          Hello

          Have they made a further application at all or communicated with the court in relation to sending the application to the wrong email address? Of course you can take enforcement action but they can then make another application and if it gets set aside, you will have to revert any enforcement carried out with any associated costs in relation to the enforcement at your expense, unless you can convince the court to reimburse you for the cost incurred in enforcement action, assuming you can't get the court to agree the judgment should stand.
          They have not. Why?

          Comment


          • #6
            I was wondering, because if they did then I would tell you to not waste your time taking any enforcement action. Otherwise what I said previously still stands.
            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
            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            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.

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
            Working...
            X