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got default judgement against Go limited


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I was offered out of court settlement for money owed to my company.Which was refused and have asked the the assistant of a firm to prepare me particulars of claim for a fee so that I can take up my case myself.

Error were made on the PC by the solicitor and my claim strike out for being misconceived, with cost to myself.

 

The other side want their cost and have promised to stop me progress with the fresh claim. Also threatened to make me bankrupt and once am bankrupt I can no longer be director of my firm again---- What do I do as I do not have money to pay this court cost-- which I am appealing at the moment and the appeal is not going well as the judge want 50% of the cost paid before appeal can be looked into------any help

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If you want meaningful help you need to give a lot more details. When you are dealing with a legal case the details are important. What, exactly, does the order say? A fixed amount by summary assessment, or just costs? Standard basis or indemnity basis?

 

What did you write on your appeal notice?

 

Claims usually do not get struck out simply because they are not properly put together by a self-litigant. What were you trying to sue them for?

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My appeal was that I was granted judgement by default and I effected the judgement because court had told me that the judgement had been issued to correctly.

 

2. That the defendant had used the services of barprobono to boost it cost and therefore a wasted cost. My company run property and maintenance services and Iam claiming for services rendered.

 

Before the case management conf.

I had made an application to include name of my company in the proceedings which was the error the adviser made at the beginning. The application was not treated. T

 

he original claim was in my name, the claimant.

 

The order reads:

upon hearing claimant in person and in his capacity as director of Go limited and the counsel.

It is order that the claimant’s claim shall be struck out owing to it being misconceived and for the avoidance of doubt the application dated August 2013 is dismissed.

 

(2). Claimant is to pay cost of the action of the defendants including for avoidance of doubt the second and the third defendant added below) on the indemnity basis to be subject to detailed assessment if not agreed.

 

(3). Claimant pay on the account by 4pm on 23 october2013.

 

( 4).MrA and B shall be added as second and third defendant respectively the estate of Mr. K. The address for service for 2nd/3rd defendants shall be London sw—

 

( 5).For avoidance of doubt and pursuance of Para7 of deputy district judge order of March 2013 and para5 of order of Master L dated January 2013, the defendant cost of application to stay the writ of fieri facia shall be paid by the claimant on indemnity basis to be subject to detailed assessment if not agreed.

 

(6) Upon further consideration of the file and upon reading further emails from both parties, the counterclaim be dismissed but the claimant shall pay the defendant cost of the counterclaim on indemnity basis to be detailed if not agreed

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Right, so you were granted judgment by default. Then what happened - presumably this was set aside?

 

It sounds like the order for costs was granted against the company rather than you personally - correct or not? Who was the claimant?

 

It doesn't sound like you have any real grounds to appeal this to be honest. I don't understand how using the services of (presumably) the bar pro bono unit is any grounds for an appeal.

 

It is impossible to say anything meaningful about what you should do next unless you provide us with a lot more information. We only have drips and drabs - we need a better sense of the full story if you want help. I still have no idea what this case is about.

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Yes cost was against me the claimant. I have appealed their cost on ground that the used barbono is free service and tha the court had issued the judgement and they had ample time to respond. Yes drips and drabs. is there better avenue to give this information.

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Costs orders are available for pro bono representation, but awards should be paid to the Access to Justice foundation not to the other side. See http://www.accesstojusticefoundation.org.uk/funds-in/pro-bono-costs/ and CPR 46.7. It doesn't sound like this is what was actually granted in your case however.

 

If your problem is that they did not have any costs, I think this should really be dealt with at the assessment stage. The order you summarised in your post is only an award of costs in principle; it doesn't say anything about what costs are actually recoverable. I think appealing this order is the wrong approach. The other side should move forward by serving a 'bill of costs' on you setting out what they are claiming and you can then contest that bill of costs if it includes improper items.

 

The other point is that the time for appealing is generally 21 days and this is a strict time limit. The order was made before October 2013 so a lot of time has passed.

 

I can't make any further comment, for example whether it is possible to bring a fresh claim, because I still have absolutely no idea what this claim is about and you have not told us the full background. If you want further advice you need to provide a summary of everything that has happened so far. The best way to give the information is in this thread with personal details removed. If there is something genuinely confidential you don't want to put on a public forum you can private message it to me but all advice/help arising from it will be given in this thread.

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  • 9 months later...

I have hired a professional help to mediate over money owed to my company. As one of the directors present at the mediation, I have signed an agreement to which I expressed I was not happy with, as I felt my helper was giving up on me at the mediation and my accountant had messed up the figures. The rest of the directors needed to sign too. On presenting the paper work to the directors at the company meeting, they refused to sign because certain information had been hidden at the mediation which should have made known to the company and I myself queried this information at the meeting, but no full explanation was given by this firm. Secondly because the money had been owed for over 5 years, it offers no interest. The interest alone is almost 20k.

 

Three weeks after the directors’ query were put to the other side who is firm of solicitors; they replied that they will take legal action in 7 days and seek indemnity cost if I do not make the other directors to sign.They have offered to pay a quarter of the debt without interest.

Help

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I think that you will have to give as much more detail if we are going to give you any kind of advice.

 

However, I understand that you are one of a number of directors of the company. Your company is owed money by a firm of solicitors. For some reason rather they have refused to pay you and are now trying to negotiate a reduction.

 

You seem to have become a signatory to the agreement to accept a reduced sum even though you are not happy with it. Your codirectors have refused to add their signatures to the agreement.

 

The firm of solicitors who owe the money are now threatening to sue you on the basis that the agreement that you signed is an agreement which is binding on the whole company.

 

It is obviously a very large sum of money because you say that the interest over five years is more than £20,000 although for some reason other you say that interest will not be payable.

 

I think that we need to know something about the dispute. However, as a general principle, if the money is lawfully owed then an agreement to pay a lesser sum does not satisfy the whole debt – unless there is something given in addition to bind the agreement. This means for instance that you might pay £5000 to satisfy £20,000 debt by paying it in one instalment whereas the original agreement might've required payment of the larger sum over a number of years.

 

I think that we need to know something about how the debt was incurred, what is the basis of the dispute, what exactly was the settlement which was agreed in the document that you signed, and was it clear to the other side that you would need the signatures of your codirectors. I have to say that if the other side new that yours was only a representative signature and that it would need to be approved by the others then I don't see that it is an agreement which can be relied upon.

 

Also, you talk vaguely about information which has been hidden – but what was this? Who hid it? How did you find out?

 

Why did you sign an agreement that you were not happy with?

 

You are dealing with a very large sum of money here and although we are happy to help anybody on this forum, this might be an area where you should be seeking more professional – but paid for – advice.

 

However we are happy to give you our twopenny worth if you want to give us more information.

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This is part of my thread of 27th February 2014 under money owed to my business.

1. Firstly the hidden information was, in the process of fighting this claim by myself, I have incurred court cost against this firm. They went to cost office and revealed a different amount to me at mediation to what was revealed to the beneficiaries of the estate they are acting for. This later came to my notice.

2. I signed it because my lawyer was getting paranoid when the firm said they will withdraw the offer only engage this lawyer few weeks before mediation. I told them and expressed at the mediation that I was not happy because same amount was offered 5years ago which I rejected and accountant made a mess of the account.

3. This claim involved a large property portfolio in London I was handling. This firm had asked me to bring all my company paper work and receipts of work on the properties in other to pay my bill, despite sending them invoice to pay. I did. Two years later at the brink of hardship. The firm told me to go and get a lawyer as they have to protect their client

 

I did not have a lawyer to take on this case not even on a no win no fee. I only struggling to save my business to which I diversified to another trading.

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I have merged your two threads. Please don't start separate threads on the same issue. It causes big problems and confusion and makes it more difficult to help you

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There is generally no requirement to disclose things before entering into an agreement. The exception would be if not telling you the missing information means that something else you were told is not true. So I'm not sure if this is a strong reason for saying that the agreement reached at the mediation isn't binding.

 

It was a bit foolish to sign the agreement if you didn't intend to be bound by it. If your signature was witnessed than it is arguably binding (see http://www.legislation.gov.uk/ukpga/2006/46/section/44). You may be able to say that you made it clear that execution of the agreement was subject to approval from the other directors and hence is not binding on the company, and there is case law to back this kind of argument up.

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If you lose a court case, the court will usually order the losing side to pay the winner's costs. Indemnity costs are a stronger way of doing it.

 

If you want to continue with the case, you need to be very clear and put in writing what was mentioned in my post above.

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  • dx100uk changed the title to got default judgement against Go limited
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