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Entitlement to compensation?

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  • #1

    Entitlement to compensation?

    Hello!

    If a default is awarded and then it is taken away two weeks later because the Court originally failed to send the claim to the correct address for a company I took to Court, which meant the default was the result of the Court's original error, is the Court liable for my costs?

    Babs
    Tags: None
  • #2
    Re: Entitlement to compensation?

    Originally posted by Barbarah View Post
    If a default is awarded and then it is taken away two weeks later because the Court originally failed to send the claim to the correct address for a company I took to Court, which meant the default was the result of the Court's original error, is the Court liable for my costs?
    No, as they (presumably) sent the claim to the address you gave them.
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    • #3
      Re: Entitlement to compensation?

      Hi Barbarah,

      Have you asked the court exactly why it was sent to the 'wrong' address?
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb

      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.

      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment

      • #4
        Re: Entitlement to compensation?

        Originally posted by charitynjw View Post
        Have you asked the court exactly why it was sent to the 'wrong' address?
        Vide http://www.legalbeagles.info/forums/...ht=#post354297
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        • #5
          Re: Entitlement to compensation?

          Originally posted by CleverClogs View Post
          Vide http://www.legalbeagles.info/forums/...ht=#post354297
          I'm 84, y'know!

          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb

          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.

          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment

          • #6
            Re: Entitlement to compensation?

            [QUOTE=charitynjw;367218]I'm 84, y'know!

            No it's actually not that!

            The Court failed to update to the new address the Defendant advised them of!

            Babs
            • 1 thank

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            • #7
              Re: Entitlement to compensation?

              [QUOTE=Barbarah;367240]
              Originally posted by charitynjw View Post
              I'm 84, y'know!

              No it's actually not that!

              The Court failed to update to the new address the Defendant advised them of!

              Babs


              I was referring to my appalling memory, Barbarah!
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb

              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.

              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment

              • #8
                Re: Entitlement to compensation?

                Originally posted by Barbarah View Post
                The Court failed to update to the new address the Defendant advised them of!
                So how many times has the Judgement been set aside?

                Comment

                • #9
                  Re: Entitlement to compensation?

                  Originally posted by CleverClogs View Post
                  So how many times has the Judgement been set aside?
                  Twice - because the Court sent instructions giving them 14 days to file a defence to the old address and did not update as instructed by their solicitor - Court's error.

                  Baba
                  • 1 thank

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                  • #10
                    Re: Entitlement to compensation?

                    You really couldn't make it up!

                    If the Court cocked it up, then the Court should pay both parties' wasted costs.
                    • 1 thank

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                    • #11
                      Re: Entitlement to compensation?

                      So, the Court may get a CCJ.

                      & potentially, a visit from the bailiffs!

                      "Does this wig belong to you, Sir"

                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb

                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.

                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment

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