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  1. I tried before the defence was filed. The claim hasn’t been allocated yet. I’ve sent them a letter as suggested above making it clear that they paid well after the claim was filed and that I’ll be pursuing them for the remaining balance, which comprises the court fees and interest
  2. They submitted a defence 26 days after issue claiming their agent LH had paid in full. This is true, although it was 22 days after the claim was issued, I want the costs and interest if possible. I’d tried to get a DJ but the website wouldn’t allow it.
  3. Thanks. I don’t need to file any paperwork letting the court know there’s been a partial payment prior to the trial do I?
  4. Hi all, I booked accommodation for my to NYC with a well known website we’ll call “LobHolibays” and the Hotel closed due to Covid. The hotel made it clear that they wouldn’t be opening I tried to contact LH multiple times but they had turned the phones off and the online chat was never on. Concerned there was going to be insolvency issues I went through the paperwork and found that my contract was with a third party supplier that we’ll call abcd Ltd. I sent Abcd an LBA and then a follow up and got no reply, I issued a money claim. They sent an AoS saying they were going to defend in full, and miraculously 4 days before the defence deadline LH refunded me. ABCD have filed a defence claiming their agent LH refunded me, and that as such I have no claim. My question is, that given that the refund wasn’t issued until 22 days after proceedings were issued, what should i do? There’s about £200 of court fees and interest outstanding, should I withdraw the claim, or is there a better solution? Thanks in advance.
  5. I didn't see your post, and the matter had died, as the court had rejected his application for set aside as he filed the n244 as an individual and the defendant was his ltd company. You are of course right. Pretending to be an individual is illegal under the 2008 Consumer Protection from Unfair Trading Regulations. 5 Months after his form was rejected and 4.8 months after I wrote to him telling him that if he wanted to refile he ought to act swiftly, he has now applied for a set aside. 6 months after judgment. I have instructed a solicitor to deal with him and counsel are booked to be sent to court in 3 weeks. The hot tub is long disposed of as it was rotten and I sent him a letter telling him he would be charged and there would be disposal after 28 days. His application is so nonsensical and so dishonest, they are doing it free of charge, in the almost certain knowledge of a costs order. I've come across some stupid defendants before, but this person wins the prize for the biggest pratt of all. I will come back with the results of the hearing..
  6. Ok I get you now. Most of those cases, with judgments not executed had the set aside refused, so the you’re saying that the fact it has been executed means setting it aside should be even less likely. Thanks.
  7. Some have got to judgment. Does executing the judgment change things legally speaking?
  8. I’m really confused. Some of the cases listed in the document by St Johns Chambers specifically list failures to file a defence? Sorry if I’m being thick.
  9. Sorry, I was talking about the Denton Principles and the Judgement in Gentry v Miller, where set aside was denied after a failure to acknowledge service, even when the claim was fraudulent. Failing to acknowledge service and then attempting to set aside requires relief from implied sanctions under rule 3.9. Since roughly 2015, the courts have been much harsher on allowing set aside, where there have been serious failures I am told. Do you know much about this? Thanks http://www.stjohnschambers.co.uk/dashboard/wp-content/uploads/Denton-Resource-September-2018.pdf http://www.9goughsquare.co.uk/news/1088/ http://www.stjohnschambers.co.uk/dashboard/wp-content/uploads/Relief-from-Sanction.pdf
  10. I seriously can’t see him getting it, but I’m petrified that I’ll end up paying the bailiff fees as well! Am I right in thinking that since around 2015 set asides are much stricter when people have failed to file a defence?
  11. So the defendant has now filed for a set aside. His grounds are very weak and 2 of his 3 points are provable lies, which is always handy. Here's the issue though. The Judgment was for around £1450, he was a total pratt with the HCEO bailiff though and only paid when they had started loading his stuff, which means the bailiff fees were just under £1600. he has paid a total of £3100. If there is a set aside, the bailiff clearly isn't going to refund me, so will I need to pay the HCEO fees to him myself? Seems a bit harsh as he ignored all court papers and after paying has now decided that the Ltd Company defendant didn't sell me the item, but it was him as a private individual and as such it should be set aside. I am quite worried, as I hate set aside hearings.
  12. I have written to them saying what you suggested. Thanks for the advice
  13. Hi All, I bought a used hot tub from a trader in Late Feb 2018. It was described as in working condition other than a few cosmetic issues which I planned to fix. The trader delivered it in March 2018. It leaked from the get go. Only a bit, but enough to be an issue. I spent £250 on a callout and attempts to repair it, which made it better, but it still leaked a bit from the centre which could not be got to. The leaking will seriously reduce the life span of components and increases electricity consumption a lot. I sent an LBA, no response. I sued for the purchase price, plus delivery, plus the repair costs, in the hope of a settlement or a repair. They ignored the proceedings and I got a Default Judgment. I sent the bailiff (HCEO), who had to start loading the hot tubs before they decided that it was actually serious and they paid the HCEO on the spot in order to get their brand new hot tubs back. The hot tub is still at my house, is still working and clearly has some value. The question is, legally (not morally), who actually owns it now, as because it was a Default Judgment, there is no order as to what happens to the goods. Thanks in advance.
  14. I have had confirmation that the respondent Scottish Power have paid the judgment debt, and DCBL's fees. DCBL will hold the money for 14 days and pay me on day 15. The particulars of claim if anyone is interested are : I entered into an agreement for boiler repair cover with policy number 1*************8 based on the respondent's® standard terms on or around ** October 2015. The contract required the claimant © to allow an initial inspection of the boiler prior to cover commencing. An an appointment was made in November 2015, which R failed to attend. Another appointment was made in December 2015, which R failed to attend. Another appointment was made in July 2016 and an engineer came. Excuses were made that the boiler had existing faults and cover was denied. The contract does not allow R to miss appointments and then deny cover. C claims, £472 for lost wages & £542 for repairs to the boiler, and, or in the alternative £179 as a return of premiums paid for no cover. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 17/08/2016 to 21/01/2018 on £1,193.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.25. This is a knocked up set of particulars designed to fit the box. I know the particulars could and should be better, but they are sufficient for a small claim. I wasn't in the right place to draft separate particulars and in this case, they did the job. I was asked at the beginning of this thread what the claim was actually about and now it is settled in full, it seemed appropriate to post the details in full. Thanks as always for the advice.
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