Default Judgement Against Securitas Security Services (uk) Limited *** Counter Claim Struck Out ***

[ericsbrother]

a HCEO will love this job, guaranteed payout for them, the company will have so many assets over so many sites.

 

The company will usually have delayed things because they dont believe that you would have done what you said you would do and the paperwork will be filed in 3 differwent places and when the bailiffs knock they will all blame everyone else, including you, for being unable to organise a proverbial party in a brewery.

 

They have a credit control section and a legal section so no excuses will wash.

Edited March 14, 2017 by honeybee13
Paras.

[ericsbrother]

glad it sorted.

[ericsbrother]

wont matter unless they are barred from being a director by CH

All of this information is on the public record.

 

The employer can quite easily find out if an employee was made bankrupt or disqualified as a director as part of the employment checks which any large employer would do on new employees.

 

I don't think pointing it out adds anything. Either the employer didn't check, or they checked and are comfortable with it. Either way the employer probably doesn't care.

[ericsbrother]

it looks like they are asking you to agree to a set aside so they can save a few hundred quid in applying for one. Dont agree to it. There wont be any grounds for reversing the decision so any application will be about saving face.

Dun and Bradstreet used to be the go to for checking the credit worthiness of companies. See if there is a bad mark they want removing if you can without subscribing

[ericsbrother]

try ignoring them. They can apply to court for a set-aside of the origianl judgement by paying to do so and showing some reason as to why the judgement should be set aside (ie judge got the law wrong) and then submit all their evidence and still lose as the matters of fact werent wrong

[ericsbrother]

they are just trying to bully you into agreeing with them, they know that they arent going to get a set aside. You should find a method of recording the calls, even if it is a pocket memo machine held to the phone. Once you have r recording of them you can go after them for harassment and breach of the DPA

Have you looked into Dun and Bradstreet credit worthiness yet?

[ericsbrother]

thye are talking utter b******.

let them do their worst, which will cost them a fortune, you nothing and they wont get anywhere. They can apply for a set-aside for £255 if they wish to and get on witrh it rather than ever contacting you so ask yourself, why havent they? Answer? they wont get one so they need you to agree so they can then try and save face.

Sod them, ignore.

Dont enter into any correspondednce witht eh or they will keep going on about this for ever.

Received letter from other side stating that if set a side is not voluntarily agreed then hearing will be applied for and call transcripts etc will be provided to the court. Also apparently a barrister is being appointed. This will be be persued strongly and recover any and all costs that fall due.

[ericsbrother]

Let them do their worst. They arent going to get anywhere and they know it and that is why they are harassing you. The only thing you should say is that if they dont stop it you will be suing them for that as well.

They pay the solicitor so he is going to say what they want him to say and dress it up to look like he is the oracle on this matter. Ignore them and if they write again you send a letter saying that thsi is harassment and you will treat their behaviour accordingly and that may include further court action.

If they have worded their letters exactly as you report they know that it is an abuse of process and harassment so will be very wary of then going for a set aside anyway.

I repeat, if they are so sure of their set aside being granted they woulf ahve just done it, not tried to get you to agree to reverse the courst decision and pay them back the money. The fact is they lost and didnt appeal so that is that.

 

They dont want to go down that route. They are claiming that they are certain they can have it set aside at a hearing by involving a barrister and so on. Unfortunately i am used to this sort of talk as you may recall me having a run in with jbw and ccs enforcement limited and getting all that off them.

[ericsbrother]

you have been sent a copy? if not how do you know?

This doesnt mean that they will get the set aside though and even if they do they will then still have to explain everything all over again or admit they owe the money.

It all looks like an attempt to clean up their records because no-one wants to allow them credit. Plnety of big firms in the constriction and services industies wnet under not long ago and most of them had big contracts with councils but collapsed because they couldnt pay small bilss in hard cash and yours is a bit like that.

A form has been lodged with the county court notifying a solicitor is acting on behalf of Securitas.

[ericsbrother]

in short, there is no live application for a set aside.

Everyting else they say is just hot air. do not communicate with them other than via the courts if that actually arises.

[ericsbrother]

I would suggest that you look forward and not backwards. I doubt if this is entirely a new post so nothing can be read into it

[ericsbrother]

these large companies think they can bulldoze over the small people and so do not take the matters seriously in that respect.

 

 

They dont expect you to challenge this application so that should be the first thing you do when you get the opportunity.

 

 

try and stop them from having it decided on the papers so you get the chance to say your piece as a judge will apply weight to the perceived honesty of the witness.

 

 

It will also add to their costs so they might want to offer you a reason not to resist.

Bear in mind how much it will cost them to continue and decide if the moral victory you have outweighs the financial advantage you can gain by settling.

 

 

They will undoubtedly ask for a non disclosure agreement, generally by you signing one rather than asking the court's permission to formalise it.

 

 

Normally this means you get more money for losing certain rights to humiliate them in public so again, morals versus cash dilemma

[ericsbrother]

have your received a copy of the application? If so you write and object to it and let your letter be added to the pile for whoever is going to do the case management on this decide what they will and wont be ordering. It is very early days in terms of court timescales but dont be shy, let the court know your side of things from the outset BUT DONT BE MAKING PERSONAL COMMENTS, just the cold facts. Dont invite the court to believe you over them either.

[ericsbrother]

have you whacked in a letter with this objecting to the set aside app?

[ericsbrother]

not relevant to this matter and you would be advised to stick to just the facts of your case. Repeat the above to a court in furtherance of your claim/defence and you may be asked to furnish absolute proof of this and you wont be able to. What you know from either your personal action or hearsay and what you can prove are 2 different things so stop making these kinds of comments or you may well just help them.

[ericsbrother]

is that your local court or theirs?

[ericsbrother]

aye, but commomly these are at the court nearest to the applicant of the set aside if it is going to be decided on the papers. Objecting to a set aside is not that common a thing, it does happen of course, happened to a friend of mine who had a judgement in his favour set aside twice when the defendant failed to turn up of the court dates. The sod then tried to counterclaim for the costs of attending the third hearing but that was dismissed. This is why you need to see the set aside application and if you think their reason for applying is worthy of comment request a hearing. It may be that an order is made that your objection will be in writing only to keep costs down.

All hearings should be in your local court as litigant in person verses a company......most default judgments are usually granted a set a side hearing...then its down to the reason offered for not acknowledging or submitting a defence

[ericsbrother]

trouble is he won a default judgement so Northampton CCBC would be thei original court

[ericsbrother]

paperwork also sometimes gets sent to Wigan for some reason. However, you get the drift, a default ist really heard so you need to poke them.

The default judgement was made at The county court centre in Salford. The older system was much quicker.

[ericsbrother]

so, now at your local court? This is what it should be for an individual and a corporation regardless of who is defendant. You now have the opportunity to say why the judgement shouldn't be set aside. Stick to the facts and to the law, take your paperwork with you so you have written evidence rather than just oral. This is important when referring to other cases/bits of law etc, no-one will look them up as it is your job to make your case.

 

Basically of your papers were served correctly the fact someone in the company forgot to pass them on or didn't take it seriously enough to file a defence wont win then a set aside but you need to show procedure was followed by having a copy of the CPR's and be able to show that everything was done correctly by you and even after the event you did your best to get the matter sorted before sending in the bailiffs.

 

When did they start following this thread? That itself can show they know about the claim before the bailiffs got involved. You may need to ask the judge to get them to show their hand on this as I'm sure they wont voluntarily admit knowing and ignoring in the hope that you would run out of steam.

 

Then look into the facts of the case, they say they reckon they can get the claim overturned- on what grounds? Obvious one is they dont owe you the money so you need to show your figures and show why they are correct and the reason for suing is sound. May be they say it isn't a breach of contract but another matter that should be dealt with elsewhere so you need to show that correct procedure, lawfulness of claim etc. that mead reference to employment act etc. basically anything you can think of should be taken with you

[ericsbrother]

well, has set aside hearing date been set? we are not concerned about a pattern and nor will your court so although what is said here may aid others it isnt a class action so avoid trying to reading things into any other postings

[ericsbrother]

there arent any posted here so dont go fishing for trouble. We have said it before, remain focussed on your case and what YOU can prove rather than worry about others and reporting tittle-tattle and conjecture.

[ericsbrother]

then if they read this thread they should be encouraged to post up their story and we will do our best to advise accordingly.

[ericsbrother]

the claim was struck out. That is that.

 

They cannot ressurrect it otherwise the judge would have told them they have xx days to resubmit their application and paperwork.

 

Also dont forget it was your claim so they cant restart it.

 

In essence they appealed, told they wre too late, started a claim and had it thrown out.

 

They have nowhere else to go unless the judge is suddenly taken away and locked up under the mental health act

[ericsbrother]

Libel is a very high fence to clear, even if what is written is untrue it is then down to whether it was done or said in good faith, was justifable as fair comment and was damaging (public domain issues)

 

I have been threatened with libel actions twice, once when I posted comments about a private tender for services put put to contract by my employer. The company involved didnt like it being publicised but I had a legitimate interest as a union rep and my members jobs were affected so legitimate interest/fair comment ( basically co taking over service didnt want competitors to know and was hoping employer would slap me about a bit to keep it quiet but they didnt)

 

Second time was when I gave a story to a journalist about conflicts of interest for a director of a development co and his seat on a trust whose land was about to be developed, probably by his co.

 

He threatened legal action against journo who refused to reveal his source but I told him to say it was me and then used fair comment argument. The dveloper/trustee then declared an interest and the project didnt go ahead anyway for other reasons so again not really actionable.

 

The journalist was later jailed for contempt of court in another famous case when he refused to name his sources when he published a story in a trade journal about a company's shenanigans. Ultimately the court decided it wasnt libel but poor old Bill became a cause celebre for his refusal to dob in the source