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dominorally

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About dominorally

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  1. Had a long conversation with DG solicitors today about the set aside hearing and what My thoughts were about the judgement and how I interpreted it. I also had some negotiating to do ref payment. My options were that I either paid the full amount by installment or after some negotiation I agreed to drop the counterclaim if they would accept 50% of the total. She went off to speak with the client and they have agreed a Lump Sum of 50% of the judgement figure which is £885I just need now to see if i can raise the money!! A hollow victory of sorts as the original claim was for £2800. Thanks agai
  2. Andy/Gany, thanks both for your input and advice. Sorry if it sounded like I wasnt getting it ..... I was - think I was just not wanting to accept the situation especially down to my own mistake. Realise now that i dropped a B''##@ck by inadvertantly admitting the amount. Will give them a call tomorrow see what I can do. If I can use the CC to negotiate then good ( cant see it though as HSBC have already denied it is a valid claim). Dom
  3. I know you have spelled it out before Gany, dont mean to keep harping on about it. I now understand what the order says and means I think I am just interpreting the word 'balance' differently to what it actually means in the context of the order against what was said at the hearing. The two dont add up. As far as I understood it the amount in dispute is now £1685 so that is what I thought I was defending - Now I know differently of course but I still think the word 'balance' it is open to interpretation. I previously had a judgement entered for the whole amount back in May from CCBC an
  4. Yes full claim set aside and judgement entered for £1685. It was at the set aside hearing,The DJ was adamant that I did not have a case because there was an account and there was an outstanding amount.I agreed that there was an accnt and that yes there was an outstanding balance but that the claimant would be unable to enforce due to debtor creditor agreement etc etc and that I had not been given the chance to dfend myself properly and that was all I was asking for.... the chance to defend. He asked me what I thought the amount was, I stated £1685 due to some of the debt being o
  5. Andy, Just keep going back to the last order and keep going back to why the DJ asked me to file a detailed defence for the 'balance' of the claim. Thinking back to the set aside hearing and what was said ie I made it clear that There was a debt but questioned the amount and that the claimant could not enforce the debt.I gave the figure I admitted I thought was outstanding but that I had not had the chance to defend it properly. He said that I would have to defend rigorously at the hearing ,I still feel my understanding of that paragraph was that the 'balance' is the £1685. Why would I nee
  6. Do I ask them direct for the opportunity to pay by installments or apply through the court? What are the chances of negotiating with geting the amount reduced do you think? If I take amount £x off the CC then you would be looking at approx £1200 Is it usual to ring them to discuss or best to continue by letter? Dom
  7. Will just write to them and see what they are wiling to accept.I dont expect that they will accept anything less than the admitted amount though? I am not in a position to pay off any lump sum either, as such I expect them to enforce the order. Unless they are willing to let me pay monthly. My main aim is to avoic the CCJ being enforced. Just a note on the counterclaim element in my defence - that amount was around £2400 - I am guessing it is not worth continuing with that route? Dom
  8. Andy, thanks very, I suspected this was the case after the earlier posts from Gany . As I have said in other posts I am really not happy with the way the DJ handled the set aside hearing in so much as he has not let me have the chance to defend properly. I still maintain the claimant has not got the necessary documents to enforce this claim but now I will never know. I made it perfectly clear at the hearing that yes there was a debt but the claimant would not be able to enforce and I wanted the opportunity to defend myself . I did assume that the directions meant I was defending the
  9. Citizen B - I have looked over the order again and there is no mention of the word "Forthwith" Only that there is judgement in the admitted amount. What I know now is that the defence andyorch helped me with and I submitted was for the balance and not the admitted amount. (down to my inexperience and the attitude of the DJ at the set aside hearing). I think Andyorch has offred a bit of advice in post #243. What I need to get clear is that Do I write back to the claimant and tell them my intentions to set aside & defend or do I just leave it to take its own course. If I do the latter
  10. Saw this on the courts website You may agree that you owe part or some of the money claimed (including the court costs) but not all of it. This is known as a part admission. You can admit a claim in part online through MCOL or you can use the paper forms received in the claim pack. If you use the paper forms you must send them directly to the court. A part admission means that you can defend the disputed amount and either – Pay the amount you admit - you must send or make payment
  11. The aim at the set aside hearing was to be able to have the right to defend the original claim and have the claim discontinued. The judges attitude at the time was that there was no dispute about there being a debt because I had had the account and there was a balance outstanding so there fore he was of the opinion that I had no case. Without me realising, the judge has basically allowed the judgement by the back door albeit for a smaller amount. So I now find myself in exactly the same position I was in before I got the original judgement set aside. As I see it now then I have ha
  12. At the set aside hearing i stated that I was not denying there was an amount outstanding but the amount claimed was incorrect because some of the debt was older than 6 yrs. I was asked what amount I thought was owing so I gave an amount which I now realise is an admitted amount. You ask why would I defend an admitted amount - Fair question - The answer is because a) I did not at the time realise that this was an admitted amount b) The judges directions asked me to submit a defence of the balance - I assumed this meant the new amount ie the balance remaining and not what I now
  13. I assumed at the time that I was defending that admitted amount para 3 states this and then later that they had decided not persue me for it.The order, Which by the way, was dated 1st september received after I had entered my defence, could easily be misread as to its meaning by people like me with little experience of these things.
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