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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a mediation call scheduled tuesday as

Resolved Question:


I have a mediation call scheduled tuesday as the defendant in a case where i am defending a claim made against me funds hire of a tennis facility.
the time of the hire was between april and may 2014. We hired the facilities as a group of coaches delivering feee community fitness sessions, as a friend of the manager and former work colleague i foolishly signed the paperwork on behalf of the camp coaches (8 in total) prior to commencing sessions at the centre.
I received an initial invoice of £360 of which i paid £240 explaining that the coach contributions were of this amount and I would speak to the coaches to increase their fees towards the running of the camp. During the time of initial launch numerous issues arose of which the coaches and customers felt aggrieved and having spoken to the group of coaches they refused to pay any further funds to hire the facility. This went on number of weeks until i was issued a further fee hire in the region of £500. I tried my best to personally try and raise the cash to pay this, but to no avail, i spoke to the coaches once more who refuse to pay given the service and standards they had to put up with. I attended only a handful of sessions myself however this whole bill has now fallen at my door given i was the person who signed hire. There are discrepancies in dates of invoice as well as the actual charge per hour of the hire.
Of course i feel hugely let down by the coaches and also the facility given our past relationship and feel that perhaps looking back the group should have been disabled from using the site altogether if there was an outstanding fee rather than let it build up.
I was issued a court proceedings letter and have now been invited to a mediation call next week to try and resolve this situation.
Please can you suggest the best course of action from my point of view, my ultimate aim of course is to protect my credit score which has now been put in jeopardy following these proceedings. The outstanding fee with court fee is around £800 and i cannot afford to pay this.
Many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : I assume you just want to avoid a court judgment ?
Customer:

Yes if at all possible

Customer:

and i wish to avoid the fee

Alex Watts : Ok, what you need is a Tomlin order. In terms of liability you are stuck.
Alex Watts : A Tomlin order is where you agree to pay by instalment and they agree not to enter a ccj
Alex Watts : But if you miss a payment they can enter a ccj
Alex Watts : So suggest this, it could be a way both.
Alex Watts : Can I clarify anything about this today please?
Customer:

so i am fully liable whole fee?

Customer:

is there any point in challenging this given the circumstances and also is it likely that the mediator will find share liability as at no point was the group stopped from using the facility even though they were in debt

Alex Watts : Sadly yes.
Alex Watts : It may be, but you would need to counter sue the rest of the group.
Alex Watts : If it was a group debt.
Alex Watts : you signed it, you are liable.
Alex Watts : But you can counter Sue the others
Customer:

sounds messy. thanks help

Alex Watts : happy to assist. Can I clarify anything else ?
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