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Apologies for not posting here first (usual bloke - didn't read the instructions).
So, here is a summary of my situation:-
I am a third party claimant in a small and insignificant accident. Nevertheless, I felt that I should be recompensed and contacted the insurance agent. This agent was extremely obstructive, dismissive and arrogant and refused to help me.
I made a claim through the small claims court and won by default. The agent made half an attempt at a defence but the court sent it back for clarification which was never received.
I have instructed the bailiff to recover my money and this is in progress.
I received my first correspondence last week from a solicitor acting on behalf of this agent who asked me to effectively call off the bailiff. I planned to reply but I haven't had the time.
I have received further correspondence from this solicitor informing me that they have applied to set aside the judgement and that I should "consent to the application so as to avoid cost being incurred".
Now to my question:- Why would I consent to this application when I have spent my own time and money to get to this point ? The money component of my claim isn't really of great importance to me and it is only in the region of a few hundred pounds. The purpose of this case was to force the defendant to converse with me having been so arrogant that they can decide who gets to submit a claim and who does not. I am very satisfied that they are now having to invest their own time and money in my situation where previously they have brushed me off as an irritating inconvenience. If I do not consent to the application to set aside, they will need to apply to set aside without my consent and there is no guarantee that this will be granted. Can they recover any of these costs from me if they're successful ? Is there any negative aspect to me continuing ?
So, here is a summary of my situation:-
I am a third party claimant in a small and insignificant accident. Nevertheless, I felt that I should be recompensed and contacted the insurance agent. This agent was extremely obstructive, dismissive and arrogant and refused to help me.
I made a claim through the small claims court and won by default. The agent made half an attempt at a defence but the court sent it back for clarification which was never received.
I have instructed the bailiff to recover my money and this is in progress.
I received my first correspondence last week from a solicitor acting on behalf of this agent who asked me to effectively call off the bailiff. I planned to reply but I haven't had the time.
I have received further correspondence from this solicitor informing me that they have applied to set aside the judgement and that I should "consent to the application so as to avoid cost being incurred".
Now to my question:- Why would I consent to this application when I have spent my own time and money to get to this point ? The money component of my claim isn't really of great importance to me and it is only in the region of a few hundred pounds. The purpose of this case was to force the defendant to converse with me having been so arrogant that they can decide who gets to submit a claim and who does not. I am very satisfied that they are now having to invest their own time and money in my situation where previously they have brushed me off as an irritating inconvenience. If I do not consent to the application to set aside, they will need to apply to set aside without my consent and there is no guarantee that this will be granted. Can they recover any of these costs from me if they're successful ? Is there any negative aspect to me continuing ?
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