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Old 23-02-2009, 12:56   #409
Chris
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Re: Have you received a letter from Davenport Lyons?

Quote:
Originally Posted by Tapps View Post
It is not true that they will not take you to court if you have representation. This happened to my friend who lost at court in his application to set aside a default judgement. He also responded to their letters and was in telephone communication with them throughout.
Further to what Russ and Toto have said, and for the moment assuming what you say is true, these circumstances are somewhat different because DL already have a judgement in their favour - a default judgement, because your 'friend' didn't turn up at court for whatever reason.

DL are *not* going to waste time and money chasing a case through court they know they cannot win. They *will* go to court to defend a judgement they have already won. Otherwise they are simply walking away from possibly thousands of pounds that is already theirs for the collecting.

And in any case, M'Lud is always likely to take a dim view of someone who's appealing against a judgement he previously made to the best of his ability considering the defendant couldn't be bothered to turn up, meaning that DL stands a reasonable chance of hanging on to the cash they have won.

The experiences of your 'friend' do not automatically transfer onto all the dozens of other cases out there, which have not yet gone to Court. DL has no guarantee of success in any of these cases.
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