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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I won a judgment in the small claims court and,after the

Customer Question

I won a judgment in the small claims court and,after the hearing, the other party agreed to pay me £160 a month for 24 months, so the judgment apparently was set aside.
The agreement was that the other party-Mr Evans -would start paying on 1 June;nothing came in on 1 June,so I sent letter saying I expected to be paid as per agreement - finally,after 'he's in a meeting' type emails from his secretary,she wrote last Friday 3 June,he would pay on Monday 6 June,and monthly thereafter.Today,7 June,no sign of payment,and according to bank,nothing in sight to come in.
I wish now to say our agreement is null and void,and I wish the court to enforce the payment of the entire sum,some £3,840,but court clerk had no idea how I can proceed with this - I fear if Evans knows what I wish to do,he will simply make a payment of £160,and I am sure I will be messed around every month.What is best way to go about this,please?
Submitted: 7 months ago.
Category: Law
Expert:  Ash replied 7 months ago.

Hello my name is ***** ***** I will help you with this.

Did the Court order £160 a month or was that just an agreement between you to?

Just to be clear, Judgment in default was set aside?
Alex

Customer: replied 7 months ago.
When I was awarded judgment,Mr Evans asked the judge if some sort of monthly payment would be ok,he said you had better sort that out with Mr Archer outside.Evans then told me he was getting divorced and had no money,so would only be able to make monthly payments,so we then agreed £160 a month for 24 months.He asked me to confirm this to the court in writing,which I did,not appreciating that this would then be set aside - he was obviously worried that having a CCJ would affect him as a supposed financial advisor.I now think his story was probably rubbish - he was able to afford a holiday late last year,and still has a secretary working for him.I want to bring that monthly agreement to an end,and,if possibly,enforce the judgment in one complete go - I envisage monthly hassles in getting the money back,and could do without it.
Expert:  Ash replied 7 months ago.

Thanks. So you have judgment or was it set aside?

Customer: replied 7 months ago.
I thought I had judgment as the judge found in my favour - having written to the court to say we had reached an agreement,a clerk at the court told me the case had now been set aside - this was after I rang the court to ask what I could do as Mr Evans had not paid me on time,but she was unable to help me,apart from saying it had been set aside - it may seem pedantic,but when we agreed payment to start on 1 june,I meant 1 June,not any time after that at Mr Evans' convenience.
Expert:  Ash replied 7 months ago.

ok. You then need to make a formal application to court to have the claim reinstated.

Judgment set aside order in itself needs to be set aside. So you need to make a further application to court but ask for judgment In full.

You need to complete form n244

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdf

Can I clarify anything for you about this today please?

Alex

Customer: replied 7 months ago.
I will do that now,but what if he pays £160 at some point in next few days - as he certainly would if he knew I was going back to the court?
Customer: replied 7 months ago.
Also,on n244 sections 3,4,5,6,7,8 - do I need another solicitor for this - these are hard for a layman to answer -
Expert:  Ash replied 7 months ago.

that dors not matter if he pays as you are entitled to judgment. I can help with the form if you accept the telephone call. We can go through it together.

Can I clarify anything else? Alex

Customer: replied 7 months ago.
ok Alex - I'm off air now till about 4.30pm - can we do something after that,or tomorrow,if suits you better?
Expert:  Ash replied 7 months ago.

Sure. Let me know when is good. Alex

Customer: replied 7 months ago.
Hi Alex
I am on this number for next couple of hours,if any good to you - 01843 583594
Yours
hugh
Expert:  Ash replied 7 months ago.

Ok. Can you accept the additional service so I can call? Thanks!

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Customer: replied 7 months ago.
Hello Alex
I should be on that landline number from 11.30 today if any good for you-
Thanx
Hugh
Expert:  Ash replied 7 months ago.

Calling now. Alex

Customer: replied 7 months ago.
Dear Alex
Further to emails/phone call,I now have the correct version of events,as given to me by a clerk at Bristol County Court.
On 31 October 2015,I won judgment by default -Mr Evans was apparently on holiday and never received any paperwork before judgment was awarded-he then applied to have the judgment set aside;this was the hearing I went to on 1 February 2016,when 'the defendant's application to Set Aside Judgment is dismissed'- at this point,Mr Evans asked the judge if he could pay in instalments,and the judge said 'You had better sort this out with Mr Archer outside'. Evans told me he was getting divorced and had no money so we agreed 24 monthly payments of £160 - Evans asked me to write to the court saying we had come to an agreement and the matter should be set aside - I did not appreciate that that meant the judgment would be set aside,merely that as long as he paid me,things would go no further (the court clerk said Evans probably knew the court system well,and that this would be better for him,with no mention of CCJs etc).
Mr Evans first payment due on 1 June never arrived,and although he did pay on 8 June,I had already told him that,as far as I was concerned,1 June meant 1 June,and I was therefore going back to the court for judgment so that it could be enforced.
The county court clerk seemed in a bit of a muddle as to which application notice should be sent to have the judgment reinstated,so I am back to you.Will await your comments - All best,Hugh
Customer: replied 7 months ago.
p.s. following my email to the court saying we had come to an agreement,it was then ordered that 'the judgment dated 31 October 2015 be and is hereby se aside'.
Expert:  Ash replied 7 months ago.

But I need to know the wording of the actual orders. Can you attach them here? I need to see all court orders.

Customer: replied 7 months ago.
I never received any papers regarding the 31 October judgment,and Bristol County Court now say they will not allow a copy of the judgment order to be re-printed,as the judgment had been set aside - I will send you copies of what I have - where the court said Evans had until 29 September to reply,hearing nothing,I eventually phoned to be told I had won judgment by default,but never received anything in writing until Mr Evans application to have that set aside - Yours,Hugh
Customer: replied 7 months ago.
Good morning Alex - if you want to call,I am on 01843 583594 for an hour or so - Regards,Hugh
Expert:  Ash replied 7 months ago.

When would be good to call?

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