Help needed with Small claims

[shell320]

Hi,

Need some help with regard a claim that I have submitted thrugh small claims.

Basically i submitted a claim for negligence of duty and monies owed with regard my property which was fully managed by an agent.

The claim accounted for non payment of rent recieved by the agent, non collection of rent, non eviction of unpaying tenant, damages and costs.

There was a hearing at which the defendant di not attend and i was requested to furnish the court with documents, photos etc at a later hearing.

At the second hearing 14 May (to which the defendant did not attend) a judgement was made (dated 17 May) totalling £5706.52 payable by 28th May.

No payment was recieved and on 14th Jun a letter was sent to myself stating that the defendant had requested set aside judgement so was being transferred to another court.

On 24 jun i recieved a letter from the other court stating a hearing scheduled for 22 sep.

What can i do now?

Can he do this? he is a director representing a company i am an individual and the new hearing is 300miles away.

He is just stalling for time again as he acknoledged the claim then said he wished to dispute then did not file a dispute at all then failed to attend both hearings and now this.

He is just hoping i will give up and go away and i know i am not the only one he has done this and is currently doing this to.

Also the cheque he used to pay the court with has bounced so the court still have not been paid so will this go ahead?

Help im so confused.

[Drowning but not sunk...]

Some questions that may help before some of the team answer.

 

Did you take him to court or the company (you say he is a director!)?

If the cheque bounced hes likely in financial trouble and will just wind the company up you get nothing LTD! He starts up again different name differernt directors so on ..

[rebel11]

Hi shell320

 

Welcomg to CAG

 

Someone will be along to advice shortly.

[shell320]

Hi,

origionally I was claiming against the company however the judge requested the defendant be substitued for Mr *** trading as ***Estates.

he was a partner of the original company and is the director of the rebranded company.

As you quite rightly said he will most likely dissolve the company again and rebrand.

If his cheque to the court for the set aside request bounced does that mean it will still go ahead or would it be cancelled.

The companies previous director and also a previous partner have been arrested for fraud and money laundering. My property was being looked after by this company at the time and also i was not informed that the company had rebranded when the original company was dissolved my property and the management of it remained with these companies from 2006 until 2010.

[Drowning but not sunk...]

I take it that when you registered the property with them that you signed an agreement for them to act as agent?

 

If so that agreement will have the parties on it ie ltd or partnership?

 

I guess that from a third person it seems that how likely are you to recover any money? I know from experiance of evicting a tennant that court costs although awarded mean nothing if they dont have it you cant take it!

 

Seems harsh but if it was a partnership great you may have a chance but ltd! Also if his partner is up on fraud charge you will be at the bottom of the pile proceeds of crimes, HMRC!

 

The site team will know more than me but in regards the court allocation when its a business I think that its awarded to the defen' court I may be wrong.

[shell320]

i believe the original company was LLP however now dissolved and im not sure about the new company name whether it is Ltd or LLp.

[Drowning but not sunk...]

Did you get a contract? Did you get a new one when company changed?

LLP = Limited liability partnership! ltd being the limited liability! I may be wrong but to me it seems you have little chance of getting any money and spending more on court fees may be a waste? Or possibly look at High Court Enforcement it may be worth spending the extra? Hope one of the team look in they will hopefully say that I talking rubbish and you have him banged to rghts I HOPE..

[ploddertom]

Because he has used a rubber cheque the Hearing date will stand pending him paying the monies. However should he fail then his application will be struck out. Apart from telling you of a Hearing date have you received any other information - you should also receive a copy of his reasons for claiming set aside to which you are entitled to respond.

 

Personally I would contact the Court and ask if they have given a date by which he must submit payment. With the amount of money you already have a Judgment for I would be inclined to give it a High Court Enforcement Company to collect for you, costs approx £50 - however you would have to declare that he has applied for set aside so they may decide to wait upon that application although not all of them do.

 

PT

[shell320]

Hi I recieved only the letter stating the date and time of the hearing which is not for another 2 months (the claim started beginning of Jan 2010) there were no details of his claim in there I have requested a copyof it from the court and am hoping that I will recieve it in the post today. I had a contract with the first company but did not get a new one when they were 'taken over' i did however get furnished with a letter apx 3 months after the fact stating that they were taking over the business of.

[shell320]

just recieved a copy of the application made by the defendant.

In it he has requested Set aside or reschedule as he wishes to make offer of payment.

the evidence and information he will be relying on is: i was advised not to attend the hearing by my accountant, i now relaise the importance of attending and wish to have the hearing rescheduled as there are important facts which may have an impact on judgement.

Signed.

 

The facts of which he speaks have not been entered but a set aside hearing has been set at his local court which i am really going to struggle to attend and I do not have a solicitor. He had 2 opprtunities to attend court previously and failed but if i cant get to this hearing im gonna lose everything.

[supasnooper]

Unfortunately, you had best attend the Set Aside hearing with a list of your objections.

 

Not what you want to hear but if you are going to lose everything ........

[shell320]

Do i need to get a solicitor on board and could they attend instead of me?

anyone have any idea how much i would be looking at costwise for that?

it would cost me in the region of £300 plus 2 days off work to attend myself.

[ploddertom]

I think he only has a very slim chance of succeeding as he has confirmed he did receive advice initially & I can't honestly believe an accountant or other professional would advise not to attend. He has listed no specific grounds and don't forget he still has not paid the Court Fee - this will not go well with him.

 

PT

[Ganymede]

Defendant's can transfer a claim to their local court so I'm afraid you are stuck with that. Try and get the time off as the worst thing you can do is not attend the hearing as the Defendant will win in your absence!

 

You could try writing to the court with your objections and apologising for your non-attendance and say it is too far away, would cost you too much money etc.