Issued a Warrant

AbbieCadabra

dvdrdl wrote: »

Another plot twist.

Think the bailiff caught him out and he's now done a complete U turn offering to pay all debt plus fees providing i drop the judgement.

He must be in the poop so i shall prob settle on that, despite wanting to shaft him. :-D

result! i'd go for that too in these circumstances. a judgement can effect a lot of things in business, good job he's recognised that.

thanks for the update, hope you get full payment as promised

colino

Sounds like he is used to fending off small claims until the nth degree and will walk away, probably again, with little distress bar a few conversations and time.
I thought it was for the principle?

dvdrdl

I decided not to take him up on the offer, I did not trust him and as stated before it's more the principle than the money.

He's appealed against the judgement and I am awaiting a hearing.

So many holes in his defense it is laughable.

pooch

dvdrdl wrote: »

I decided not to take him up on the offer, I did not trust him and as stated before it's more the principle than the money.

He's appealed against the judgement and I am awaiting a hearing.

So many holes in his defense it is laughable.

Remember, the defendent doesn't have to prove anything. The burdon of proof lies with you as the claimant to prove you are owed money by the defendant.

Has the defendent has already successfully managed to get set aside the original judgement given in default. Or is this what the hearing is about?

Or has the judgement already been set aside, and the hearing is relating to your claim?

If the defendent has now filed a defence, presumably it is the latter.
If the judge felt that the defence filed was as laughable as you clearly do (and the judge has no questions over your original claim) then there would be no cause for a hearing...

dvdrdl

update on this.

Defendants application to set aside was dismissed, which was no surprise it really was poor.

Any idea what I should expect now? Hopefully my official settlement... The courts are a little vague in their communications.

lockd0wn

Go back to your bailiff or their clerk and request/insist that they now remove goods forthwith. If he/she/it has already been levied, as appears to be the case here, then the Bailiff should be already reasonably sure they can sell the goods for enough to cover the outstanding debt and costs. Doing this could well provoke an actual payment from the debtor. Whole thing sounds like typical debtor delaying tactics from someone with experience of doing it before, hoping you will grow tired of pursuing your claim.