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  • #46
    Originally posted by RhythmStick View Post

    No.
    Do you mean "No, not Denton"?
    If so, why the default CCJs?


    Do you disagree with this?
    I don't feel that I can comment. If it were me I'd want to find out the exact reason for the default judgments.

    Just trying to decide what my next move should be after my epic fail with dates.

    Its also been suggested my best option is to pay the x2 judgements in full within 30 days and then counterclaim,
    Counterclaim what?
    Judgment has already been handed down on these.


    given I have to defend a 4th case and will get a hearing anyway (at their expense!).
    You haven't given much info on this one.
    Have you acknowledged it?
    What is the claim issue date?

    It's only an opinion, but I would hazard a guess that the Judgment Creditor is unlikely to consent to set aside the default judgments.
    'Without consent' set aside applications are going to cost £275 each. It's a gamble whether or not they'll be turned down due to the delay, & even if you succeed in that first limb of the set aside decision, you would also need to demonstrate a viable defence to the Claimant's assertions to satisfy the second limb.



    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


    • #47
      I don't know who / what Denton is.

      I sent letter requesting documents to DCBLegal with no reply. How do I find out the exact reason for the default judgements? Contact the courts? Try to contact DCBLegal again? Judgement has been made so I'm guessing they won't be in the least bit interested they will just send out bailiffs to collect the money.

      Comment


      • #48
        Originally posted by RhythmStick View Post
        I don't know who / what Denton is.
        You gave a pretty clear negative response earlier? (Post #45)


        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


        • #49
          Originally posted by charitynjw View Post

          You gave a pretty clear negative response earlier? (Post #45)

          Because I assumed you were asking the name of the solicitor I spoke to, so I said no.
          However your next response implied that wasn't what you meant so I am now confused.

          Comment


          • #50
            Originally posted by RhythmStick View Post

            Because I assumed you were asking the name of the solicitor I spoke to, so I said no.
            However your next response implied that wasn't what you meant so I am now confused.
            Denton & Ors v TH White Ltd & Ors [2014] EWCA Civ 906

            For set asides, compare
            PXC v AB College and others [2022] EWHC 3571
            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


            • #51
              Just an update on my claims:

              I just returned from my set aside hearing and both claims have now been set aside.

              The judge felt that even though I had acknowledged, under CPR 13.3 she felt she could use her discretion to set aside and even though I had not filed defence on time I had a good excuse because I had sent request for documents and also a reminder email to DCB (I showed her copies of letter, email and proof of posting) with no response whatsoever, so (in her words) how was I able to defend?

              So ....thanks for your help!

              I'll keep you updated with further progress.

              Comment

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