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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I filed a money claim against a company owning me money, however

Resolved Question:

I filed a money claim against a company owning me money, however i did not attend the proceeding as i was out of the country, I filed an application for adjornments explaining that i will be out of the country on the appointed date, however the case was struck out.

Its two months now and I've been informed that filing a new claim would be an abuse of the Court process. What can i do to recover my money from the company? do i have any other option?

2. If i were to file an action for breach of contract is that treated the same way as money claim?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Did you make an application to adjourn the hearing? Was that before the hearing on a formal application? Or did you just write to the Court and ask for it to be adjourned please?

Customer:

it was a formal applicaitonon form N244

Customer:

there was no reference to it in the decision, the decison just said claim stuck out

Alex Watts :

Sadly you can only appeal.

Alex Watts :

But you can only appeal if:

Alex Watts :

1) there was an error in law,

Alex Watts :

2) there was an error in court procedure,

Alex Watts :

3) the decision made was one which no judge ought to have made

Alex Watts :

Here you sadly have made an application to adjourn and it was refused

Alex Watts :

You can't issue proceedings again as it would be abuse of process

Alex Watts :

So all you can do is appeal - but I can't see how you have grounds

Alex Watts :

You can't appeal just because you do not like the decision

Customer:

so what can i do to get my money from the company

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Sadly now nothing

Alex Watts :

You can only appeal, but you dont have grounds.

Alex Watts :

You could potentially ask for the claim to be reinstated but you need very good reasons.

Alex Watts :

Can I clarify anything for you?

Customer:

what if i file a seperate action for breach of contract

Alex Watts :

If its out of the same facts then it would be an abuse

Customer:

it just seems abit unjust that the court has not considered the case on its merit and there is nothing i can do

Alex Watts :

Yes I would agree.

Alex Watts :

Can I clarify anything else?

Customer:

no, thank you

Ash and other Law Specialists are ready to help you