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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice
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I had a contract dispute for which the other party ignored

Resolved Question:

I had a contract dispute for which the other party ignored my claim so I made a claim using moneyclaim on line in September 2013. The defendant was going to defend the claim but failed to file a defence and judgement was awarded to me in Jan 2014. The defendant did not pay so I took out a warrant of control in May 2014. The defendant contacted me when they received this and offered to negotiate and admitted that they hoped i would go away. I said I expected payment in line with court judgement. They have now applied for the judgement to be put aside. It does not seem reasonable to me that they could have this set aside as they have completely ignored the court process and only reacted when warrant of control was issued. At the Set Aside hearing should i send anything in advance to the court
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

On what grounds are they trying to set aside the order?
Customer: replied 3 years ago.

The machine rental contract was for a period of 12 months and was with a limited company I owned. Half way through the contract we agreed verbally to change the lessor from the limited company to me personally. Payments were then made by them to my personal account and VAT was removed from the monthly charge. They now say that the contract states that changes to the contract should be in writing as stated in the contract and this change in lessee is not in writing and therefore they are not liable to pay me for six months rent they did not pay. They say they cannot pay the original limited company as it is no longer trading

Expert:  Jo C. replied 3 years ago.
Thanks.

This is not grounds to set it aside. This is a defence.

They have to prove that there is a reason to set the judgement aside and they have a reasonable defence.

They have a reasonable defence but at the moment they have no reason to apply to set it aside.

The fact that they thought you would simply go away and not pursue this is not grounds to have a judgement set aside because the way the court looks at it is that it shows disrespect for the court.

However it will be up to the judge whether the judge sets the judgement aside or not and if it does get set aside it will then go to a hearing.

At the hearing each of you will be able to present your evidence and the judge will decide the issue.

They cannot rely on what the contract says about amendments being in writing. This is not an amendment in writing this is an assignment of the benefit of the contract from the limited company to you personally and therefore in my opinion, their defence will fail if this ever gets to court

Can I clarify anything for you?

Jo
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