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diamondstar

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About diamondstar

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  1. Hi, I really need some advice please. I started a small claim in January last year against a lady who had a small business hiring out and selling dresses for proms, weddings etc. We both signed a contract to say she was allowed to hire my dresses out only, and this contract advised that my dresses would be covered under her insurance. She hired and sold loads of dresses so had been successful for a long time. However, after a while she mucked me about and disappeared for years. Once I found her, and she refused to answer my messages and calls, I started a small claim against her. During our correspondence through the courts, she admitted she had sold them for next to nothing along with another 500+ dresses as she was in financial difficulty. The courts were in my favour as she was completely in the wrong, however her financial records show she has a lot of debt so I am not a priority. Whilst working in her business, she was fraudulently claiming benefits and now she no longer works, she is claiming benefits to pay back her benefit fraud!! During several documents going back and forth to get the court to agree a fee she has to pay me, the court kept claiming they didn't receive my letters, until I supplied proof. One time, I waited four months for them to respond to find out they had shut my case. The court have delayed the claim by 10 months in total. Anyway they decided she should pay me £1 a month as a token payment. I declined this amount for many reasons, but one being it would take her 105 years to pay it all, and she is nearly 60 all ready! I requested a variation of order, especially as I felt I had no opportunity to have my say and give these reasons. They wrote to me giving me 8 days notice for a hearing in front of a judge, and I phoned and emailed as requested stating I was on holiday then and provided proof of my holiday booking. They carried on with the hearing without telling me or without me being there and dismissed by variation of order so she still needs to pay a total of £1 a month. Her debt help company have advised they would review the amount in April, but giving that I am least of their priorities, at the most I think they would only double it to £2, and there is no guarantee. Given that I am not likely to get most of what is owed to me, am I able to pursue bailiffs or is it not worth it? Now a variation order and hearing has taken place, do the courts review the payments to be paid over a set time? 105 years is a long time for an amount to be set in stone without a review. Is there a complaints procedure for the small claims office for how badly my dealings with them have been? I have had a ton of issues trying to get listened to by them, more so than dealing with the defendant. Is there anything else I can do? Although I understand I am not a priority in her debtors, it is still not nice to know she is 100% in the wrong legally and I haven't really won. Many thanks.
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