Ok the defendant offered to pay if I was prepared to set aside judgement with a Tomlin Order in place to protect my position if he didn't. I declined this on the advice of a Solicitor.
The Defendant is now seeking to set aside the judgment on the basis that he could have paid if the judgment had been set aside and still could in such circumstances, and that further I have failed to take all reasonable steps to mitigate my loss.
It's the truth - in terms of the original debt is that he is joining in a 3rd party who he claims is responsible for the debt.
well within date for a successful appeal - app date yesterday.
Because my Solicitor advised against it.
None was given.
So is there something I can read up about mitigating loss please?
I have already replied with 'excellent service'