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Judgement set aside to dodge interest & enforcement fees
Hello I'm hoping someone can assist with a problem I have. We issued a summons early July for an unpaid debt after spending 2 years chasing. The defendant received the summons and engaged in an email exchange with me requesting copy documents and clarifications, so I knew that they had received it. On 12 August we obtained judgement by default, after waiting a couple more weeks I issued enforcement through the Sherriff's office. The defendant was visited by
They then made an application to set aside and asked the judge to order the
The judge set aside the judgement and ordered the defendants to file a defence within 14 days by 4pm on Mon 25th Nov. The defendants were also ordered to pay my travel expenses for attending court. Costs were to be in the matter. He also set aside the writ of control and said that the
I have subsequently received a cheque for my £72 travel expenses so they have complied with part of the order.[FONT="Tahoma",sans-serif]The defendants did not file a defence (they have not got any grounds for a defence) and instead at 3pm on Mon 25th Nov they sent me an email stating that they had paid £4014.73 into our bank account. The summons claim amount was £4014.73 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.74. [/FONT]The money is on our online bank statement - the reference they have used is not their ac reference or invoice number, the chose instead to use: BITCH JANE.Their sole motivation in seeking to set aside the judgement was to avoid the enforcement costs. They have not complied with the terms of the setting aside order by not submitting a defence and they have not paid the interest due from issue of summons on 12 Aug to payment on 25th November (105 days @ 74p = £77.70) I do not know if the payment they put in our account is cleared funds yet – they have a history of bounced cheques so I do need to wait a few more days to confirm that the payment of £4014.73 has cleared. I am wondering if I can request Brighton County Court to reverse the setting aside of the judgement as they did not comply with the terms of the order?
Or can I ask for judgement again for the amount on the summons plus the unpaid interest plus the costs of the Sherriff's warrant? Any advice gratefully received.
Sherriffs
officer and made a payment to them in full settlement of the judgement plus interest and the Sherriff's
fees.They then made an application to set aside and asked the judge to order the
Sherriff's
office to return the payment. The reason they gave on their application was that they
had real prospect of successfully defending the claim.
In the supporting statement they made several untrue statements about the circumstances that they would refer to in their defenceThe judge set aside the judgement and ordered the defendants to file a defence within 14 days by 4pm on Mon 25th Nov. The defendants were also ordered to pay my travel expenses for attending court. Costs were to be in the matter. He also set aside the writ of control and said that the
Sherriff's
office should refund the money they had collected.I have subsequently received a cheque for my £72 travel expenses so they have complied with part of the order.[FONT="Tahoma",sans-serif]The defendants did not file a defence (they have not got any grounds for a defence) and instead at 3pm on Mon 25th Nov they sent me an email stating that they had paid £4014.73 into our bank account. The summons claim amount was £4014.73 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.74. [/FONT]The money is on our online bank statement - the reference they have used is not their ac reference or invoice number, the chose instead to use: BITCH JANE.Their sole motivation in seeking to set aside the judgement was to avoid the enforcement costs. They have not complied with the terms of the setting aside order by not submitting a defence and they have not paid the interest due from issue of summons on 12 Aug to payment on 25th November (105 days @ 74p = £77.70) I do not know if the payment they put in our account is cleared funds yet – they have a history of bounced cheques so I do need to wait a few more days to confirm that the payment of £4014.73 has cleared. I am wondering if I can request Brighton County Court to reverse the setting aside of the judgement as they did not comply with the terms of the order?
Or can I ask for judgement again for the amount on the summons plus the unpaid interest plus the costs of the Sherriff's warrant? Any advice gratefully received.
