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Sneaky defendant - Chances of successful stay/set aside?

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  • Sneaky defendant - Chances of successful stay/set aside?

    Hi there everyone,
    I've obtained a CCJ and subsequently a Writ against a former customer of mine who owes about 7k.

    *Aside from the initial letters (letter before action etc) they never responded to anything. They finally replied to my solicitor in the last few days saying that they never received any paperwork and want time to consult legal advice, though in this same email they offered up their correct postal address....which is exactly the same one which we/the court served papers to originally and sent the letter before action (which they responded to).

    * The plan is to instruct HCEO's this week

    * The CCJ hits the one calendar month point next week so it becomes "permanent" after that point

    * They also filed their accounts recently, which shows that a) they have money in the bank and b) the board were present and should have received and responded to our initial letters and offers to clear up the situation.

    I guess I was wondering if they have any grounds to try to wriggle out of this? I can't think of any way they can defend this (i looked at my terms of business again and it's very clear) also they surely can't apply to have a stay/set aside because it's clear that the correspondence address was correct, due to the fact that they clearly have not moved office and they were receiving our letters at the beginning? They have also had about 6 months to explain their side of the story but chose to hang up on us/dismiss us.

    Added to that, (asa layman) tactically it seems like it would be a foolish move to get this taken to a hearing as I assume the courts would view them poorly anyway - they were rude/dismissive at the beginning, then ignored our correspondence and have only now responded 3 weeks after receiving notification of a CCJ.


    Any insight would be amazing!
    HankAaron



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