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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Action was taken against me back in September 2011 for the

Resolved Question:

Action was taken against me back in September 2011 for the recovery of commission, at the time I put in a defence denying a debt existed as they had not taken into account commission that was accruing on my account, no more was heard so assumed that they accepted my defence and had decided not to take this further. I have now received a letter form the company legal advisers who are now trying to recover the debt, I asked why they did not pursue this before now and they have said the court had lost the papers. This is the first I had heard of this, so can you advise me if they have the right to start the action again and what action should I take
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Did you receive a County Court claim to which you filed a defence please?

Customer:

Yes I did, this was sent back to the court the same day I received the claim form

Alex Watts :

Ok - I assume when you sent it back, that is when nothing further was heard? When was this sent back roughly?

Customer:

Yes that correct, I sent my reply to the court in September 2011 a few day after receiving the court papers

Alex Watts :

Ok - then you just need to write to the Legal Advisors

Alex Watts :

Deny the debt and say you filed a defence,

Alex Watts :

They can't issue new proceedings against you - this would be an abuse of process

Alex Watts :

If they want to try and pursue the claim they have to make an application to Court to revive the 2011 proceedings

Alex Watts :

But given their delay any application is likely to fail

Alex Watts :

Just write and say you dont owe it and you wont be paying given the existing proceedings

Alex Watts :

They can't issue new proceedings as this would be an abuse of process

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks Alex, I think this is all OK but can you just advise me if they do try a peruse can I contact the court and object?

Alex Watts :

Yes there will be an application before the court and you can say why to the Judge their application ought not to be allowed

Alex Watts :

Does that help?

Customer:

Thanks for your help

Ash and 2 other Law Specialists are ready to help you