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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi All In 2010 a customer of ours received a side table

Customer Question

Hi All

In 2010 a customer of ours received a side table to the value of 409 euros including delivery. You ticked the terms on conditions on the website stating that the goods need to be inspected before signing for them. She was also sent an email before delivery to the same effect. This was the customers second delivery so she knew the delivery procedure.

When the table arrived the customer signed for it in perfect condition. Several hours later she emailed us to say it was damaged.

Even though she had signed for the shipment as arriving in perfect condition we agreed to refund her if she sent the table back to us. If she had refused the delivery it would have been returned to us free of charge

The customer refused to send the table back to us saying we had to pay for it. I offered again to pay the full amount but did not hear back from here.

15th March 2014 a high court Sherif turns up at the office demanding £3446.95. He demands payment forces his way into the office and says he will cripple the business by taking all the computers unless he if paid immediately. I called the police because I had no knowledge of what the payment was for.

* The customer is based in Germany

out of stress and under duress he took the payment from me.

Later looking at the document more carefully I have noticed that the street name and postcode for our office is not correct and this is why we have never received any notification of this claim.

I have done a bit a research and taken a little advice and have been told I can fill out a N244 and request a set a side due to incorrect address. I have also been told I can tell the Sherifs who took the payment that can be personally liable for the payment taken from me because the court order was not valid and to take out a in junction against them. The sherifs hold onto the payment for 14 days before passing it onto the claimant but my concern is that 1. The N244 is not valid on an international judgement and 2 it will take longer than 14 days to get this resolved and in the mean time they will send the money.

I would be very grateful for any help on the above. The whole experience has been very stressful.

many thanks for any help you can give.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Customer: replied 2 years ago.

I have done a bit a research and taken a little advice and have been told I can fill out a N244 and request a set a side due to incorrect address. I have also been told I can tell the Sherifs who took the payment that can be personally liable for the payment taken from me because the court order was not valid and to take out a in junction against them. The sherifs hold onto the payment for 14 days before passing it onto the claimant but my concern is that 1. The N244 is not valid on an international judgement and 2 it will take longer than 14 days to get this resolved and in the mean time they will send the money.

Expert:  Ash replied 2 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

You can apply to set aside if you can show that you have a realistic defence. In any event the court must set aside the judgment if it is not a regular judgment.

GIven you say that the adreess was wrong, including street name and postocde, this would be an irregular judgment and the court must set it aside.

Therefore you need to complete form n244 and pay a court hearing fee of £80. The court will then list the matter for a hearing and decide whether to set aside judgment

Can I clarify anything for you about this today please?

Alex

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