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Everything posted by mrtibbs1999

  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.
  15. Thank you for your advice. You are absolutely correct that is probably best that I do not start proceedings right now and once I have all the data, the proceedings may be easier/avoidable. I will go through the formal processes next week, when I am better. The antibiotics are working, slowly. Thank you for the wise counsel.
  16. I cannot abide them, they were being fined for all sorts of stuff during this period, yet they still act like they did nothing wrong whatsoever, not sending me bills and then sending me incorrect bills and at the same time sending inaccurate markets to Experian. This is a huge waste of time and I hate them for it. It does not help that my collapsed lung is infected again and now I am not sleeping. I will send another SAR as Uncle Bulgaria suggests, and I will simultaneously make a complaint to the ICO. Is this something I could file proceedings regarding? I am much more comfortable in court than I am dealing with Quangos like the ICO and the FOS? Thanks to both of you for the advice.
  17. I did. No sign of cheque being cashed. With other litigation and chest infections, I haven't pushed it, that's why I have come here? It's all strange to me, I thought they had to deal with it within 40 days, and I thought that "a form" was irrelevant? Sorry
  18. There are just lots of 1, 2 6 and u markers. Nothing else. annoying thing is they have done 2, 1 for gas, 1 for electric, but despite all bills being one dual fuel the months do not match up. The data is nonsensical. Plus the account was in my dads name Mr X Y, I am mister A-X Y, so that is not accurate either. No. I moved from there having bought a house. the DD stopped when we moved and the bills were wrong all the time with stupid numbers on them. I paid when they sorted it. Just checked - They said I need a form, so I emailed and asked for one on 07/04/2017 and then sent a template letter on 1/12/17. What should I do?
  19. Hi Again.... I have a problem that I ought to have dealt with, but have not because I had more pressing issues: 4 sets of serious or urgent litigation that had deadlines, or financial priority: I had and still have a collapsed lung, I sadly have a deceased mother in law, a baby, who ended up in special care, while my wife almost bled to death during an emergency c section, I've bought a new house that the surveyor messed up big time on, I have had 2 new jobs, 2 surgeries and a tumor in my colon. I know they are not excuses for delay, but it has truly been a crap few years and this issue is the last unresolved pain in my side. All the issues above happened around the time of the N power debacle, or since. Some time around 2013/14 I moved into a house and the N Power Direct debit stopped. I had used NPower at a previous address. My dad had been paying as he is a kind man and he offered to when my wife and I were broke 10 years ago and he never stopped paying (despite me asking him not to). Npower screwed the bills up and I didn't pay the incorrect bills. At all times, I felt there was an ongoing complaint/ issue. Eventually the correct bill came and I paid it. The end? No. I applied for a loan or mortgage (cannot remember which off top of head) and was rejected. I had a default registered with Experian by Npower for the period where we were in dispute. The defaults are numerous and are all over the place. I wrote to Npower, Experian and complained to the FOS and got nowhere. What can I do, the defaults are only with Experian and they are utterly inaccurate. I am stuck. I need help with this.
  20. Also, your conduct leading up to a bankruptcy is something that the receiver will take into account. You need to be careful not to get yourself any type of punitive order that may make the bankruptcy more restrictive, or even punitive.
  21. There will be no set aside D*A P*PER, the City Law Firm have confirmed that their client have taken the "commercial decision" to pay DCBL, the HCEO. I sent them a letter making it clear that SP, the defendant, had ignored 2 LBA's, had file an AOS, and had then failed to file a defence. I pointed out the concequences of this to them post Jackson. "Rule 1 of the CPR has been amended as part of the Jackson Reforms. These reforms have highlighted the importance of following the CPR: FORMER RULE 1.1(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly. But the new formulation is significantly different: CURRENT RULE 1.1(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost. You will see that Rule 1, includes the words "proportionate cost" Reading further into rule 1 we see that: CPR 1.1 now carries on as follows: (2) Dealing with a case justly and at proportionate cost includes, so far as is practicable – (a) ensuring that the parties are on an equal footing; (b) saving expense; © dealing with the case in ways which are proportionate (i) to the amount of money involved ; (ii) to the importance of the case; (iii) to the complexity of the issues; and (iv) to the financial position of each party; (d) ensuring that it is dealt with expeditiously and fairly; (e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases; and (f) enforcing compliance with rules, practice directions and orders. In light of the above, your client is very unlikely to be able to get the judgment set aside. This was a small claim, and your client failed to reply to LBA's, provide a service address or even file a defence. They did however file an AoS, which means they lose the right to challenge service, or jurisdiction. Sadly for SP, the CPR and the case law go even further: Rule 3.9 and the test laid down in Denton makes it clear that your client needs not only a set aside, but relief from sanctions. I enclose some reading: https://zm4b8103lu53ydv9q1e2go51-wpengine.netdna-ssl.com/wp-content/uploads/2015/04/Proportionality-5-March-2015.pdf http://www.civillitigationbrief.com/2017/05/12/relief-from-sanctions-the-cases-an-impressive-and-thematic-list/ http://www.stjohnschambers.co.uk/dashboard/wp-content/uploads/Relief-from-Sanction.pdf https://www.lambchambers.co.uk/news-and-resources/relief-from-sanctions-denton-v-th-white-ltd-2014-ewca-civ-906.htm http://www.bailii.org/ew/cases/EWCA/Civ/2016/141.html http://www.civillitigationbrief.com/2016/03/10/denton-criteria-overrides-allegations-of-fraud-court-of-appeal-decision-a-wake-up-call-for-the-insurance-industry/ https://www.clerksroom.com/downloads/447-Nfarticle0913.pdf I cannot see any circumstances in which a defendant who failed to file a defence after ignoring 2 CPR compliant Pre Action Letters would get relief from sanctions, following Gentry -v- Miller and UK Insurance Company 2016. That relief is clearly needed as part of the rule 13 set aside application you may choose to make and as such the application under rule 13 will almost certainly fail. At every stage in the proceedings your client has ignored the CPR" The matter is now settled and is a good example to those looking for a set aside in the current climate. Whether you think the case is weak or strong, sanctions will apply if you fail to file a defence. Thanks for all the advice.
  22. Financially it doesn’t make sense, their law firm is going to be billing them a fortune and in my experience they will 50/50 get the set aside and then get a proper bollocking by the judge along with a costs order against them. That said, all 3 of the set asides I’ve had filed against me were by people or firms that wanted to win the argument and sometimes that’s the mindset that prevails. Fingers crossed!
  23. Sthis morning I got a Letter from a magic circle law firm offering 36% of the judgment value and enclosing a draft Tomlin Order. There was nothing in there except a brief suggestion that their client retains the right to apply for set aside. They are clearly getting all paperwork as they confirme in the letter that they even have the HCEO letter from 3 days ago. I have written back saying that as they have failed to reply to 2 pre action letters, or file a defence, that they should pay the claim in full before the HCEO turns up next week, as they are unlikely to get their costs (which will be 1000's) even if they get set aside. The judgment is now 11 days old, they knew about the claim and failed to file a defence following them acknowledging it. Do you think that applying for set aside at this stage is "promptly within the meaning of CPR 13.3 (2) ? Any help welcome, I hate hate hate set aside applications.
  24. Set aside is something that I am always really worried about. My previous post on here involved a set aside with a 156 page witness statement and the hearing took place while I had a sick wife and baby at home. I found the experience awful, even though I prevailed. I have transferred it to DCBL HCEO's yesterday and paid the £66 to transfer it up to the HC from the CC. Today I called the defendant's office to confirm they had been open and staffed for the past 4 days. They confirmed they had and I then hung up having recorded that fact. They are a large company with lawyers in a litigation department and a large outside law firm representing them. That they failed to file a defence is their problem and I have confirmed that they were open and able to conduct their litigation. The claim relates to boiler home care. 25% of it must succeed as they took payments and cancelled the contract against their terms and for no allowable reason. The other 75% is for damages due to a claimed breach of contract, part repair costs and part lost time due to 3 failed appointments. I'm happy to go to trial but would rather they just paid up as I'm busy with work. Thanks for the advice, i'll keep you all informed as we go along. Have done, thanks.
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