Being sued by Cowboy Builders - please help *** Claim Struck Out ***

[tifo]

thanks, this is all good info.

 

i'll open a new thread when i raise a claim against the company but won't be able to put too much info because it might prejudice the case.

[wonky100]

Hi Tifo

 

Would you be able to put a link in this thread to your new thread please, just so that I don't miss it!

 

And don't forget to give me a call if I can be of any help whatsoever.

 

Thanks

[tifo]

Hi Tifo

 

Would you be able to put a link in this thread to your new thread please, just so that I don't miss it!

 

And don't forget to give me a call if I can be of any help whatsoever.

 

Thanks

 

Will do ....

 

The company has messed up with huge consequences .....

[wonky100]

Afternoon all

 

I don't need any advice or response. I'm just "using" the system. I want to add some photos to my chronology but can't seem to paste them into my excel document. But the 2 photos that I downloaded onto here the other week have copied & pasted. So I'm just adding some more photos to see if I can copy them from here for my chronology!

 

Like I said, no advice needed (unless anyone is any good on computers!).

 

PS Witness statements not forthcoming by 4 pm on 10 February 2012 as per Court Directions. No suprise there!

[wonky100]

Well I don't know but I've now been able to copy the photos from CAG and attach them to my chronology. Thanks CAG!

[wonky100]

Quick update. Ikon Legal are no longer acting on behalf of the builders. We do not know why. We have simply received an email from Ikon advising us that they are no longer acting. They have advised that they have advised the Court accordingly (thought this was for the Claimant to do).

 

We haven't received a notice of change of solicitor.

[gezwee]

Probably worried about the damage it will cause them to continue to act.

 

Claimant will either have to act for himself or find the funds to appoint counsel....... if the co's dormant I really don't see how it can

 

Gez

[wonky100]

Can a Ltd co act for themselves? Thought they needed counsel.

[TTTT]

Quick update. Ikon Legal are no longer acting on behalf of the builders. We do not know why. We have simply received an email from Ikon advising us that they are no longer acting. They have advised that they have advised the Court accordingly (thought this was for the Claimant to do).

 

We haven't received a notice of change of solicitor.

 

I will ring them tomorrow and ask what is happening with my case.

[gezwee]

Not that I'm aware of....... CPR 39.6 would apply, if the co is not trading it has no employees or officers

[wonky100]

They're still an active co according to Companies House but they do not have any Directors, so aren't a legal entity, but this could change at any time. The claim was issued on the instructions of the former Director but he signed the disclosure list as an employee.

 

Guess we'll just have to wait and see what happens next.

[wonky100]

Hi TTTT

 

Was going to send you (and other former customers who I'm in touch with) an email later with an update once I've dug out everyone's email addresses!

[gezwee]

Hi Wonky

 

I think Con1 are blurring the distinction between dormant and non trading, BERR guidance notes below;

 

http://www.companieshouse.gov.uk/about/pdf/gba10.pdf

 

Have you made any recent enquiry to comp house to check their current trading position?

 

Tbh, I believe it'll end up getting you sidetracked if dwelt on for too long, but it'd be handy to have the additional ammunition at the hearing next month.

 

Gez

[wonky100]

Thanks Gez

 

As it stands, I don't see how the builder/claimant can claim to be a dormant company, as it has no Directors and therefore there is no one responsible for the company. According to the last correspondence received in respect of our claim, the forms were signed by an employee. But how can you have an employee if you have no Director? Also, a dormant company cannot have any paid employees. Why be an employee if you're not being paid?

 

Companies House give very little info when your ring, in my experience. All I know is that they don't have any Directors and haven't since November and according to Companies House they will be first gazette'd about April if this is not corrected.

 

I really am not going to lose any sleep, for a change, about this. Am rather looking forward to the hearing next month just because at least then we'll have a better idea of what's happening.

 

Will wait to see if we get the appropriate change of solicitor form over the next week. If not, chronology will be going to Ikon, claimant and Court.

 

Thanks again Gez for all your help.

[wonky100]

Hello again

 

Furher to my posts on 22/23 Feb, still haven't received the appropriate notice of change of solicitor from the claimant. However, have noticed from Companies House that the claimant now has a Director again (as at 02 March 2012). I'm guessing he didn't fancy his chances turning up at Court on 20 March when the ltd co had no active Directors.

 

So now I'm getting 1 step ahead of myself again!

 

I'm assuming that the DJ will allow this case to continue, despite non compliance with Court Directions, as this is the what we are told will probably happen by the retired DJ we met with the other week. And also, it's probably best to think of the worst outcome then we're not disappointed!

 

As the claimant is a ltd co, from other threads it would seem unlikely that in the event of winning and being awarded costs that I would get my costs back from the co as the Director would merely have to have his appointment terminated again. I know as a Director you're responsible for a company, but I don't think he'll have any directors liability insurance and even if he has, I don't expect he'll tell us who it is with! So is there any way of going after the individual who has been signing the court papers, firstly as Director and then as an employee when there were no Directors?

 

Chronology in post today to all and sundry.

 

Roll on the 20th!

[wonky100]

Think I've found what I was looking for.

 

I've found out that it may be possible to personally sue a Director of a ltd co as a "joint tortfeasor".

 

If anyone could let me have your thoughts on this, this would be most appreicated.

 

Thanks

[gezwee]

Hi Wonky

 

That's essentially what you are asking the dj to decide on at the hearing, the court may decide to join the director as party of its own volition.

 

Really depends how the dj interprets the claimants ability to bear a cost/damage award in your favour, and whether security for costs would overcome the need.

 

Gez

[wonky100]

10 days to go until our application hearing and the claimant have failed to comply with a further court direction. They haven't let us have all that was in their disclosure list, they haven't let us have their witness statements and now they haven't let us have an updated schedule of damages (that's on top of not returning their aq on time).

 

I just can't believe that this, in my opinion, farce continues.

 

Update in 10 days time.

[gezwee]

Hi Wonky

 

Madness innit

 

Best I can suggest is that you ask the court to hear apps in logical order...... can't imagine he'll turn up tbh but prepare everything you need just in case

 

Gez

[wonky100]

It's crazy!

 

I don't know what stresses me out more. The fact that I'm being sued or the fact that it's being allowed to continue. I was thinking that he wasn't going to turn up too, but since he's reappointed himself as a Director of both companies and the company which he had applied for voluntary strike off for he's now withdrawn his application for strike off, I'm not too sure.

 

Oh, and the claimant still haven't told us that they've ditched their "solicitor" and who is now representing them, if anyone. I've rang the Courts and there has been a change but they need to recall the file to be able to tell what info they have and that won't be until at least Monday or Tuesday next week.

 

Update in 10 days!

[gezwee]

Depends on the mentality of the fella tbh, he may think he has a solid case and wants to stand by it. It'll be down to you on the day to persuade the dj otherwise and stamp down hard on his nuts

[wonky100]

So 3 weeks after being told that Ikon Legal are no longer acting on behalf of the claimant and with only 6 days to go to application hearing, we've received a notice of change of solicitor from the solicitor whom we received a letter from in May 2011! According to the Courts yesterday, the claimant was self representing, but I guess they've only received this notice today also.

 

This solicitor is requesting that we send a copy of the claim form and our application to them. They say that they haven't got the file from the claimant's previous representatives but surely the claimant would have a copy? When we got rid of our solicitor we got our file back plus I had copies of everything in any event. Why wouldn't the claimant have got their file? Surely the claimant should be able to tell their new solicitor what they're actually claiming????? Why should we go to the inconvenience and expense and copying and posting? The claimant have known of the application hearing since January. Is this just a delay tactic?

[asokn]

It's extremely inconvenient and, as you say, odd that they've not asked their own client! I would suggest that you co-operate to show what a reasonable litigant you are but write to them saying you'll copy and then serve these documents if they pay you a small fee for your time/resources.

[gezwee]

Errrrr, on what basis did they accept the appointment........ did they make any offer to meet reasonable costs?

 

Me thinks I'd be sending them a 2nd class letter confirming that you will oblige if they undertake to bear your costs. Remind them they/their client appears to have circumvented CPR 42. Include a costs estimate for copying and a costs summary for the application hearing.

 

Gez

[wonky100]

Thanks Asokn and once again many thanks Gezwee!

 

I too was thinking that I'd have to comply to appear to be being reasonable even though I think they're out of order.

 

This "new" solicitor knows something about the matter as he wrote to us in May 2011. At least his letter in May 2011 quoted the correct amounts paid by and refunded by the credit card, so this kind of blows their claim for more money out of the water at the very least (and I included this in my disclosure list also). The letter received today, even quotes the same file ref so it's not like they're setting this up as a new case. Why didn't this solicitor proceed with their threat of legal action in May 2011? I know my husband spoke to him and I followed this up in an email but then that's when they appointed the unlicensed debt collectors. Grrrr....

 

I will write to them telling them that I'll oblige if they pay for my time and expense in doing so. Should I mention your point re the basis on which they accepted the appointment? I know when I appointed a solicitor to file our aos and defence we had to provide documents and sign an agreement before they'd even consider the matter. I've recently signed another agreement with a solicitor for action re the trespass (but that's another issue which I can't say anything about now but hopefully will be able to at some point!)

 

How have they circumvented CPR 42? I've googled this and relates to change of solicitor. Is this because they've told the court (or the court have told me that they've told them) that they're self representing? Couldn't they just argue that they've changed their mind about self representing?

 

The application for strike out was due to the non compliance of 1 direction. They've now not complied with 3. Should I point out these failures to their new solicitor? Should I also point out them circumventing court directions and admittance of trespass?

 

You say include a costs summary. Once of the first 2 applications was for costs but this obviously only included 2 application fees at that time. I since issued the 3rd application for the strike out plus the additional time spent on this matter with Ikon. Can this be changed in any way to include these additional costs or should this just be addressed at Court next week?

 

Also, the correspondence that I've sent to the Court I've only included the hearing date on it and not the hearing time and I've just noticed from reading my file again that the date and time should be quoted on all correspondence. Maybe just a minor point, but should I copy everything and then include date and TIME on covering letter and walk down to the Courts with it tomorrow?

 

Thanks again