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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Claim being transferred to local court I have a claim against

Resolved Question:

Claim being transferred to local court
I have a claim against a builder. There was no written contract in place. The claim MCOL has been now transferred to local court. The claim was against the builder and his firm building firm. Builders solicitor has applied bar to be placed on builders name i.e. he has asked claim to be discontinued against him claiming that the contract(verbal agreement) was with the building firm which I deny.
Will I have opportunity to object to this as I had allocated the contract to the builder though he had sent invoices in his company name. He also agreed to accept some payments in cash.
Will I be asked if I object or agree to to his name being removed from the claim.
It just seems unfair that the admin office at CCBC has made this decision before transferring this to the local court
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 :

Has a bar actually been put in place or just asked ?

Customer:

on MCOL it says a bar has been put in place

Customer:

and the claim has been transferred to the local court. Last week Defendants solicitor had indicated that he will be asking the builders name to be removed from the claim. I had raised my objections to them

Alex Watts :

Ok - the bar is so you can't enter Judgment in default.

Alex Watts :

The Judge will then give directions.

Alex Watts :

If it was a Limited company then it would usually be transferred to your local Court.

Alex Watts :

If he is an individual then it would be transferred to his local Court.

Alex Watts :

I would not be too concerned at this stage.

Alex Watts :

The Judge wont make an order without any hearing and representations from you.

Alex Watts :

But the other side should make a formal application if they want the Judge to do anything.

Alex Watts :

Can I clarify anything about this today please?

Customer:

excellent thank you . I shall await request applications by the defendants to the court so that I can have representation

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