Case Won ?

[Guest]

Hi,
I have been through the MCOL process to retrieve monies back. Followed the process and end result is a CCJ has been issued to the defendant as an order to pay.
I have contacted them to ask how they would like to pay and am ow being told that they have contacted the court and had this put on hold and until it is resolved they won't pay.
I'm rather dubious about this as the whole process has been dealt with, however doubt has crept in as to whether this is correct.
Question;
can a judgement already issued be put on bold?
Am I just being given the run around

Thanks

[ostell]

They can. Have you contacted the court to find out if they actually have

[Kells Bells]

After a month, send the bailiffs in. The CCJ will be extremely hard to set aside after this time if he's aware of the case.

[ploddertom]

How much is your Judgment for?

[Motion]

Had to sign up to reply.
its below 500.

Dont understand how an issued judgement can be put on hold if the case has been awarded by default.
completely understand that it can be applied to be put aside, but an apparent call to the courts has had it put on hold!
Doesn't seem correct.
Will be calling court today to check.

[R0b]

Unless you have received an order from the court saying the judgment has been set aside or you cannot enforce the judgment pending the outcome of the application, send in the bailiffs.

An application to the court to set aside judgment does not automatically stop you from enforcing. If you do enforce and the default judgment is set aside, you might have to pay back the defendant.

[Motion]

Thanks for reply Rob.
I called the court and they had no record of any attempt to put aside being recorded.
Contacted them again to request payment before further action being taken and have received a message back saying .. thank you this has been forwarded to the court and my legal team who are dealing with this.

Going to start enforcement control of goods.

[ostell]

So get the bailiffs in Pronto

[Motion]

Had this as a reply from them

Can i please have your personal email address? I will forward on all correspondence from my insurance company and the court. I hope we can sort this quickly and amicably. As I worked safely within the tattoo bylaws and no harm was done resulting in hospital admission or infection My legal team feel confident this matter will go in my favour. You have until Friday next week to drop this with the court. Failure to do so will result in me using my insurance company to persue this further and will result in yourself having to pay my £500 excess on my insurance.

Sadly i never recieved any letter from the court if I had this would have been nipped in the bud immediately so have applied with the court to this to be relooked at for this reason with a counter claim against my excess expenses with my insurance team .I will be sure to forward all emails tonight.

This is ridiculous!
Where do I stand on this?

[ostell]

Was there any response from them at all to the claim? If the address was correct on the forms then they seem to have missed several of the communications from the court. Though they are admitting they do have communications from the court.

You can't drop this with the court, it's finished with the court and you have the result. Of course the legal team (which legal team?) are confident it would go in their favour, they get more money that way. From the wording I get the feeling that someone doesn't understand the court process.

[Motion]

Thanks.

No response from the original claim,
I read it as another attempt to stop this with the threat of us having to pay their insurance excess if we didn't.
the letter before action was sent recorded delivery and signed for. Same address used for claim.

The counterclaim is also laughable, we have already called the court and they have nobrecord of any correspondence.

[R0b]

In no circumstances will you have to pay his excess, that's what insurance cover is for. Ask him on what legal basis he thinks that he can recover the insurance excess because I'd like to know. He accepted the level of excess when he took out that insurance and so he has to bear the cost of it should he invoke his insurance rights.

I'd get the correspondence he has had with his insurance company, they wouldn't usually disclose that but there could be a smoking gun in there somewhere that could be used to your benefit and if he's willing to offer it, why not take it? You won't get that chance if the insurance co. actually get involved.

You could also ask him for a copy of the application because you have called the court and there is no record of an application made by him.

Agree with Ostell, he doesn't seem to know the process. If you think he's serious of getting his insurance involved you might want to hold off and see what happens, otherwise crack on.

[Motion]

Quick update and a question.

It seems they have applied for the judgment to be set aside.
Waiting a court date now it seems !

If they get the judgement set aside and we go back to original claim are they able to put in a claim against me for costs incurred getting the judgement put aside?

Its all a lot of hassle. They would have paid more to get the judgement out aside (£255) than the cost of paying the claim !!