I was hoping someone could shed light on the following please.
We had an ongoing dispute with a company, owing 2k but refused to pay until they addressed an issue which they ignored hence us not paying.
We then received letters from their solicitor demanding payment and threatening court action/judgement etc.
We contacted their solicitors and explained the reasons why we were not paying the money but it fell on deaf ears, they just wanted the money and were seeking a court order. We explained to them that we had since emigrated and that we stood by our decision not to pay and asked if they could email correspondence relating to any court date. We emailed asking again, no reply, so we assumed it was just threats.
The other day we got a call from a friend who said he saw my husbands name published in the Stubbs Gazette. It turns out the solicitor sent a summons to our old address by normal post after they presumably tried by registered post. The court date went ahead and a judgement was granted against us. We have no assets in Ireland so there is nothing that can be repossessed but we are disappointed that their solicitors knew we were not living at the old address anymore but still issued a summons to that address. If we had of knowing of the summons/court date we could have arranged for a solicitor to be present.
Has anyone been in a similar situation where a summons was not properly served and a court date/judgement went ahead without their knowledge? We spoke with the courts who said we can issue a motion to defend but our view of it is that its too late as the initial court date should not have gone ahead in the first place, nor the judgement granted nor publication of my husbands name in the Stubbs Gazette.
Many thanks for reading
We had an ongoing dispute with a company, owing 2k but refused to pay until they addressed an issue which they ignored hence us not paying.
We then received letters from their solicitor demanding payment and threatening court action/judgement etc.
We contacted their solicitors and explained the reasons why we were not paying the money but it fell on deaf ears, they just wanted the money and were seeking a court order. We explained to them that we had since emigrated and that we stood by our decision not to pay and asked if they could email correspondence relating to any court date. We emailed asking again, no reply, so we assumed it was just threats.
The other day we got a call from a friend who said he saw my husbands name published in the Stubbs Gazette. It turns out the solicitor sent a summons to our old address by normal post after they presumably tried by registered post. The court date went ahead and a judgement was granted against us. We have no assets in Ireland so there is nothing that can be repossessed but we are disappointed that their solicitors knew we were not living at the old address anymore but still issued a summons to that address. If we had of knowing of the summons/court date we could have arranged for a solicitor to be present.
Has anyone been in a similar situation where a summons was not properly served and a court date/judgement went ahead without their knowledge? We spoke with the courts who said we can issue a motion to defend but our view of it is that its too late as the initial court date should not have gone ahead in the first place, nor the judgement granted nor publication of my husbands name in the Stubbs Gazette.
Many thanks for reading