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  1. Hi and thank you so very much for viewing my post. I posted previously about a firm of solicitors who for 5 years refused to give me any bills or invoices, and kept threatening to bankrupt me if I didn't hand over £3000 or sign an agreement agreeing I owed the debt. They would not tell me what they had done with the money they took from me at the outset £1500. They could never show me one single letter or phone call they made on my behalf. They commenced a claim in the County Courts without one bit of paperwork. I mounted a defence and Counterclaim. They did not respond they ignored my counterclaim. THe Judge gave an an Order that they had till 12th May at 4pm to serve full client agreement letters, invoices, bills etc and proof of their debt. They ignored the order, they kept ringing me up telling they knew people at the court I would not stand a chance, I should come into the office and settle or sign a debt acknowledgement. I kept going with my Counterclaim, THey did not respond or acknowledge my Counterclaim, so I filed N225 Request for Judgement. The Judge again issued another order before giving me Judgement that they had to file the paperwork proving their claim within 14 days - they ignored that also they said to me that as they are solicitors connected with the Court they do not have to adhere to the rules ! I made an application to go before the Judge. He read through all of this and he immediately Struck out their claim on the basis that they have not complied to a single case management Order or a further order that was made. He also gave me "Judgement for the Defendant on the Counterclaim for the Sum to be assessed". (Can anyone tell me what this means, how do I get it assessed.) Please - I can't find this term anywhere or what to do? It also said that any party affected by this order may apply within 7 days of service to have it set aside varied or stayed. Today the solicitor has come back to me sending me a load of documents, saying they overlooked the Client Agreement letter but they did enclose it with a copy of a bill 2 years ago. Total rubbish. The courts, and I have been asking to see a copy of the Client Agreement letter and so have I and they could not comply with any of the Orders for disclosure, yet now their claim has been struck out, they have suddenly printed one off and say they sent it to me 2 years ago. No covering letter, no proof of postage. No follow up to find out why I had never signed and returned it. The fact is I never received or ever saw one. My Question is this if they do apply to have it set aside and their claim reinstated what can I do, can I argue, can I point out that they have just cobbled this together and sent a made up copy now to get their claim reinstated Secondly, my Judgement on the Counterclaim for a sum to be assessed. How can I get a sum assessed to enforce the Judgement. Can anyone give me some help on what this means. Sorry to come back to you all, but with your kind help I got this far, I never thought I would beat this firm of solicitors as they were non stop telling me that they had connections at the Court. I think they have egg on their face now. The Judge was appalled. What are the chances of them applying and being successful in having this set aside. Just want to be ready if possible so I know what to do please. Thank you Thank you so very much So grateful I could never have done this without all your kind help.
  2. Hello Please may I ask ref a Case which should have gone to court on Counterclaim only as claimant had not completed AQ and been struck out. At the hearing the Court had made a mistake with the paperwork and dealt with the original struck out claim , the Judge awarded a sum and costs to the claimant. I wrote to the judge to query what had happened and advised him that I had not been prepared to defend the claim due to it being struck out and the hearing I attended I believed to be the Counterclaim hearing I had paid court costs for. The Judge stated that he had not been aware of these facts and stopped enforcement and has reinstated both the claim and the counterclaim. I question reinstating the claim as it had previously been struck off and now because the mistake made with the court paperwork I have already lost the case once and could possibly never expect to go to court with a fair and level playing field. I am led to believe the Judge has now removed himself from this case? Next big Q, can a Judge be called as a witness to statements made in court if he is no longer dealing with the case? Thank you guys..appreciate any of your thoughts...that already feels better just having somewhere to vent!
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