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Hey,
I have opened a claim against 2 people. The claim was in the amount of £1200. Upon receiving the claim, the defendants called me to discuss payment options. We agreed that £600 was to pay immediately and the rest in 3 installments over 3 months and it was sent via email. The first installment of 200 was made on time, but the second and third installment was not made and no replies to my emails were received. After they have failed to make the second installment I filed a judgment against both of the claimants on dec. 3rd. ad the 2nd payment was to be made on the first. Like I said, no reply and payment. Since I had not closed the claim once we agreed on the payment plan (because there was an amount still outstanding), I entered default judgment for the remaining amount of £400, plus the claim fee, bailiff fee, interest.
Once the bailiff visited, they paid the amount of £400 and argued for the claim to be shown as settled. However, the claim fee/bailiff fee/ interest were still outstanding.
After having filed for N316 (questioning) and emailed them of enforcing the judgment, I now got an email from a solicitor asking me to consent for the judgment to put aside and to confirm to cease any enforcement actions.
He also wrote, without agreeing to any liability they would like to know the sum for me to consent.
1. Since the claimants now react after 10 weeks for the judgment to be put aside, and having already agreed to a payment plan (thus agreeing the amount was owed by them), I really dont want to give my consent and would like for them to pay £255, since I think they will not have any reasonable ground as to why to have it set aside.
2. The case is actually 2 claimants against 2 defendants. However since the money claim form online only allows one claimant, I put my name on it. Does this matter?
3. Does each claimant need to make one N244 application, thus pay each £255 for the application or does it go by claim? A joint judgment was entered as there are two claimants.
4. Upon receiving the claim none of them filed a defense or acknowledgment but agreed to a payment plan with me on the email. So they cannot say, they did not receive the claim. And obviously since made payment towards it will not defend it, so I think there is no real prospect of having it set aside.
5. Does a consent mean, that a court will set it aside without looking if it has ground being set aside.
6. it was written: my client will be forced to make an application in relation to each claim if I don't consent.
They have to make an application whether I consent or not. Or is he talking about something different?
7. Please confirm if you will provide your consent to set aside these judgments. If so I will provide draft consent orders for your consideration. These draft orders will also provide suggested directions for the claim.
What are suggested directions for the claim?
8. If you will not provide your consent to set aside these judgments, please confirm that you will cease enforcing these judgments until such time as my client has had the opportunity to have these matters reconsidered by the court.
Why would I cease enforcement, if I dont even consent?
I have opened a claim against 2 people. The claim was in the amount of £1200. Upon receiving the claim, the defendants called me to discuss payment options. We agreed that £600 was to pay immediately and the rest in 3 installments over 3 months and it was sent via email. The first installment of 200 was made on time, but the second and third installment was not made and no replies to my emails were received. After they have failed to make the second installment I filed a judgment against both of the claimants on dec. 3rd. ad the 2nd payment was to be made on the first. Like I said, no reply and payment. Since I had not closed the claim once we agreed on the payment plan (because there was an amount still outstanding), I entered default judgment for the remaining amount of £400, plus the claim fee, bailiff fee, interest.
Once the bailiff visited, they paid the amount of £400 and argued for the claim to be shown as settled. However, the claim fee/bailiff fee/ interest were still outstanding.
After having filed for N316 (questioning) and emailed them of enforcing the judgment, I now got an email from a solicitor asking me to consent for the judgment to put aside and to confirm to cease any enforcement actions.
He also wrote, without agreeing to any liability they would like to know the sum for me to consent.
1. Since the claimants now react after 10 weeks for the judgment to be put aside, and having already agreed to a payment plan (thus agreeing the amount was owed by them), I really dont want to give my consent and would like for them to pay £255, since I think they will not have any reasonable ground as to why to have it set aside.
2. The case is actually 2 claimants against 2 defendants. However since the money claim form online only allows one claimant, I put my name on it. Does this matter?
3. Does each claimant need to make one N244 application, thus pay each £255 for the application or does it go by claim? A joint judgment was entered as there are two claimants.
4. Upon receiving the claim none of them filed a defense or acknowledgment but agreed to a payment plan with me on the email. So they cannot say, they did not receive the claim. And obviously since made payment towards it will not defend it, so I think there is no real prospect of having it set aside.
5. Does a consent mean, that a court will set it aside without looking if it has ground being set aside.
6. it was written: my client will be forced to make an application in relation to each claim if I don't consent.
They have to make an application whether I consent or not. Or is he talking about something different?
7. Please confirm if you will provide your consent to set aside these judgments. If so I will provide draft consent orders for your consideration. These draft orders will also provide suggested directions for the claim.
What are suggested directions for the claim?
8. If you will not provide your consent to set aside these judgments, please confirm that you will cease enforcing these judgments until such time as my client has had the opportunity to have these matters reconsidered by the court.
Why would I cease enforcement, if I dont even consent?
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