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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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Some years ago I worked as a commission only sales consultant

Customer Question

Some years ago I worked as a commission only sales consultant selling life assurance and pensions. about a year or so after I left the company I had an agency with contacted me and advised me of a claw back of commission on a client who had stopped paying there premiums. I rejected there claim as they had not accounted for the renewal commission that were being paid to them. In 2011 they issued me with a summons, I then gave a defence, stating that I rejected there claim on the grounds that they had not properly accounted for all the commission that were due on my account against any commissions being reclaimed. Nothing more was heard until around July 2014 when I received notification that they were pursuing there claim against me. I asked the question on this web site if I could do anything and was advised that there action was an 'abuse of procedure' I then sent a letter to the court and was pleased to get back notification the court on its own account had stuck out the claim, It gave time to the plaintive to file papers and unbelievably they have, and the case is set for a hearing in Feb 2015. I am shocked that this is possible and need to know what I can do. I believed that because nothing had happened for 3 years that they had accepted my defence and have therefore disposed of much of the evidence I would have relied on in my defence, so there delay has seriously prejudiced by defence, I also read on the internet that under the European treaty on human rights it states that proceedings must be taken within a reasonable time from the issue of a summons, I don't believe that 3 years was reasonable time. My question is can I go back to the court and ask that this case be permanently struck out? and if so what do I say and what forms do I need to complete? If I do need to go to court can I ask the judge to dismiss the case before it starts and finally this is causing me great stress and worry as the amount they are claiming is around £16,000 if the case doe go to hearing and I win can I seek compensation for the worry this has caused? if so how much? Any other advise will be very welcome
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
Is this in an English or Scottish court?
Customer: replied 1 year ago.

English

Expert:  JGM replied 1 year ago.
I will have you transferred to that section.
Customer: replied 1 year ago.

Please can you give me an update on my question

Customer: replied 1 year ago.

Very disappointed not to have received response so have had to go elsewhere

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