Any solicitors/ legal advisors?

[artiglio]

Latest update,

The next stage of the enforcement procedure has been initiated, should this prove unsucessful and he does not comply with the order, I need to have the order officially served at which point a warrant for his arrest can be issued. Hopefully the enforcement office can make headway before going down this route. More news as I get it, though I've been told the current action can take upto 8 weeks.

Regards phil

[artiglio]

Good morning ladies and gents,

Time for another update,

The gentleman in question made an application through the county court to have the judgement set aside, this was dismissed by the court and the judgement stands.

The EJO ( enforcement of judgement office) are reviewing the case as the latest deadline has been reached without conclusion. With luck they will decide that enough is enough and put a seizure order before a judge for approval, if not then the next stage is to have a summons served at which point "my man" is technically liable for arrest, which though very unlikely full fills the next stage of the enforcement process, it's all going in the right direction, just very slowly.


Best regards phil

[Christel]

The gentleman in question made an application through the county court to have the judgement set aside,

I have to ask, what does that mean?

[artiglio]

Good afternoon Christel,

My man asked the court to

"to have the judgement against me set aside. I had no prior notice to the judgement"

His reasoning for this was

" I sold Mr.?........ The goods in question over one year ago.he was in possession of them for approximately eight months before he decide on the advice of a friend of his the two spare barrels I supplied were not of a sufficient standard. I am not to know if Mr........ Used the barrels prior to having them inspected. They were both tested with 3 rounds each but otherwise were new"

This was done whilst I was at work and circumstances prevented me making a submission to the court, fortunately the application was dismissed by the court. So the original judgement in my favour is still valid.

Regards phil

[Christel]

Thank you, I understand that bit now. I guess it is normal procedure really.
Very good the court decided in your favour.

[Chuck]

Hard to have a judgement set aside after it is granted...He WAS served papers and chose to ignore them, of that there is no doubt.

In Scotland it is called a "Minute of Recall" if i remember rightly but you have to have VERY good reason for that, or have the pursuer agree to it beause you have paid the debt and want the decree removed from your credit file. "Not getting the papers" is hard to use as service at the last known address is deemd as "service".

Glad it is all going along, albeit slowly, artiglo. Push it where you can.

[artiglio]

Good evening,

A long overdue update but unfortunately not much more to say, having failed to settle the judgement against him, "our man" has been summoned to attend a meeting with the ENFORCEMENTS OF JUDGEMENT OFFICE in northern Ireland at which he was interviewed by a case officer, I should receive a report in due course giving the EJO's opinion. Next update when this arrives.

Regards phil

[Chuck]

He certainly knows how to drag it out, what happens if he does not show? Can you petition for his bankruptcy - that way all his financial affairs would be looked at..hopefully.

Good luck anyway, keep us posted artiglo.

Chuck

[ovenpaa]

Sounds like it slowly drawing to a conclusion now Phil

[artiglio]

Evening Chuck, he turned up for the interview and I now have to wait for the case officer to prepare his report/opinion, my "man" is doing everything possible to delay and avoid his responsibilities, but I came to the conclusion a long time back that he's far from honest/ honourable. But things hopefully coming to a conclusion.

Regards phil