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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I took CC action to recover monies owed for work done-at the

Resolved Question:

I took CC action to recover monies owed for work done-at the hearing the dependent was given leave to counter claim. before this counter claim was lodged, I moved to France and hand delivered a letter to the court stating that I had no option but to withdraw my claim a and telling them I was moving to france. some months later I received here in France, papers for a County Court judgement against me. I phoned the Court as this was the first I knew of this, and they wouldn't help. I felt I had no alternative but to pay, which I did, in instalments, and this is now cleared. The woman is now trying to claim £400 of interest on a £600debt. I have since found out that possibly the court has no jurisdiction over me as a resident of France. Is this correct? Is there anything I can do to reclaim any money as her claim against me was purely vindictive, and I didn't have the chance to defend
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi, thanks for your question. My name isXXXXX can help with this.

tdlawyer :

What was the initial claim for?

tdlawyer :

Hello there.

Customer: My claim against her was for sub contract accountancy work. She then apparently claimed against me saying that my work was substandard and had to be redone. Although only hearsay, I understand that she has done this to other subcontractors. She did actually offered to pay me at one stage, but at a lower hourly rate, so work couldn't have been THAT Substandard
tdlawyer :

I see, okay. So it's about a contract that was performed (work done) in England?

Customer: Yes, before I moved to France. I tried to sort this all out with her, eventually taking the court action. I attended a hearing where she was then given leave to counter claim, but before this was put in effect, I moved to france? I had no option but to withdraw my claim against her and hand delivered a letter to the court to this effect, and re-iterating that I was withdrawing my claim purely because of my move. She then apparently issued a counter claim, after my move, but even though I had a postal redirection in place I knew nothing of this counter claim until several months later, when she apparently used a tracing agent to find me. I wasn't hiding - it just seems the postal redirection failed.
tdlawyer :

OKay. Then the English courts will have jurisdiction over you under Article 6 of EC Council Regulation 44/2001. Normally, you sue a person in the country of their domicile (France for you), but if it relates to a contract in another Member State (i.e. the UK), then the courts of that state (here, the UK) can entertain the claim.

Customer: OK, thank you. Where do we go from here. the amount on the judgement included costs and an amount for interest-this has been paid in full, by instalments, as agreed with the court, as I now only have pension income. She is now trying to claim further interest (£400 plus) as I paid by instalments.
tdlawyer :

Has a claim been served on you then?

Customer: Not a claim for the further. Interest, just a letter demanding Impay it, but she has stated that she will take further legal action if I don't pay it
Customer: Sorry, fingers not working properly. just seen terrible typing
tdlawyer :

:) Well you can defend the claim, and perhaps you should, as interest is not chargeable on judgments for less than £5,000.

Customer: Do you mean to now put in a defence against her original claim, or wait to see if she takes this interest demand to court. Do I ignore this demand from her on the basis that the amount is less than £5000, or do I put it in writing to her ?
tdlawyer :

YOu cant defend the original claim is it's been paid.

tdlawyer :

If anything, you should point out to her that interest is not chargeable, otherwise, she might just sue again!

Customer: Thank you Tony. I will write to her on those lines. Is there anything I can quote to justify my reasoning? Any legal Acts or precedents for example, as she will just not believe me if I just write.
tdlawyer :

The County Courts Act 1984 prevents interest running on debts less than £5,000.

Customer: Many thanks for your help. If I need to come back to you when I hear from her, am I able to come back to you directly, and is there a reference I need to quote?
tdlawyer :

Whenever you post a question on this site, you can choose who you get to answer it - just ask for me. There is no reference needed, just login with your existing account.

Customer: many thanks for your help, and good night
tdlawyer :

Thank you. Are you happy with my service this evening?

Customer: I am extremely happy with your service this evening, and have rated it accordingly. Thank you
tdlawyer :

Thank you, XXXXX XXXXX rating didn't show up you see. Would you try again for me please?

Customer: Has it now registered?
tdlawyer :

No :(

tdlawyer :

Don't worry, if you tell me what you were trying to rate, I will ask them to put it through manually.

Customer: I've tried again, but if it isn't registering, I have rated it as "excellent "
tdlawyer :

Okay, thanks for trying, and your time tonight. Have a good evening!

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