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mrtibbs1999

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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 a
  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
  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.9gou
  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
  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 del
  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 appoi
  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
  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 a
  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
  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 objec
  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 cos
  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 litig
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