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1. Here you should get yourself a solicitor to make up and compile your claim against their claim for money owing under the judgment. As part of this claim, you will seek legal costs of defending the bogus application for judgment as well as legal costs for successfully bringing this claim now. You will also be entitled to claim compensation for any loss you have suffered, such as damage to your credit rating, owing to the judgment being entered against you. You should make up and do this claim as soon as possible as claims for civil wrongs are statute barred after three years and claims for contractual damages are statute barred after six years. I am concerned that you have let this judgment entered against you lie for three years before you challenged it. So you need to get cracking on it! Otherwise your claim might be barred for delay. However, any existing wrong such as the entry and continuing enforcement of the judgment will not be statute barred as it is a continuing wrong which is subsisting at the date you issue proceedings. Finally, there is no time limit on fraud. So any element of fraud is never time barred.
Thanks, XXXXX XXXXX more info that may help you regarding what happened.
sorry, press enter by mistake will write reply and send
me and my wife saw a firm of solicitors and instructed them in an ADOPTION matter in 2004, This was put on hold approx. nov 2004 and they then represented my wife on CONTACT matters, in 2011 they applied to the court for outstanding invoices, they lied to the court saying it was for adoption matters. I had no documents to say otherwise and so the judge issued a CCJ. following this I sent a SAR to the firm and obtained documents that showed they had lied to the court and that it was for contact matters and that only my wife had instructed them in the matter. I tried to sort the matter out directly with the firm and they took 6 months each time to reply to me and did not make any reference to the evidence just saying we have a CCJ pay it. I then went to court to set aside the order, but was told that I should have apealed within 28 days and so he dismissed my application to set aside, he could not look at or take into account the evidence that proves 100% that I did not instruct them and that they lied to the court at the first hearing, so it looks like I need to sue them for that amount and also costs and damages, do you think that is what I should do ? thanks
2. Definitely, this is what you should do. Effectively the solicitors here committed a fraud on you and a fraud on the court by making you liable for the Contact costs and not just the adoption costs. So you should sue the solicitors for malicious prosecution and fraud and restitution of any monies obtained under the judgment.
the CCJ they obtained was in april 2011, so presume I need to do something before that date
I am unsure how much I should claim, going by the charges they levied £155 per hr,my time was about £4,800, their CCJ is £1,800, also my credit rating is now very poor, would I need to get a solicitor who deals in professional negligence cases
3. yes, get a solicitor who will be able to quantify your claim. However, ascertain that the solicitor is not a personal friend of the members of the firm you dealt with, so no conflict of interest arises.
Thanks for the replies, after I applied to set-aside they issued a stat demand as well, the judge could not set aside this as he was unable to set aside the CCJ, so of course they could now apply to make me bankrupt over this. so you think I could also claim for this threat which has caused severe stress. I think however they cannot act on this until 21st March. Should I write to them saying I intend to issue a claim in the courts for restitution of monies obtained under the CCJ & compensation for losses and damaged incurred, so they are aware of this whilst I find a solicitor to act for me
what track would this be under as I understand small claims are under £5,000 and this claim would be a lot more than that
4. Yes, you can claim for the threat which has caused severe stress. And yes, you should write to the solicitors and state that you intend to make a claim for restitution of any monies obtained under the CCJ and requesting them to desist from enforcing it pending the hearing of your claim. Finally, a claim of this nature would be taken in the County Court in the area in which you live.
Many thanks for your advise in this matter, I am trying to find a solicitor who can deal with a claim with a no-win no-fee approach as I am unable to fund directly as I have been signed off work for some time, so on limited funds. Just one last question I see that you practice in Irish law is there any difference in the advise you gave under UK law, just wanted to check
5. Your advice has been given in accordance with English law.
thank you, XXXXX XXXXX given :)