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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25439
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I accidentally missed a hearing so the court found against

Customer Question

I accidentally missed a hearing so the court found against me last week. The case was a supplier requesting payment of an invoice following the closure of my business. They said i was a sole trader. I have always been a limited company. Can i ask the judge to re trail the case?
Best regards
Theresa
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I clarify that a hearing was held please despite your absence?
Is it clear that the invoice owing was against your limited company rather than you personally?
Finally may I ask the amount of the claim?
Customer: replied 2 years ago.

As far as i can tell the hearing went ahead and was awarded to the claimant, so i now have aCCJ have to pay £1400+ + interest + costs. I havent been notified of this at all.

The invoices were to The Strawberry Fox and to Theresa Wood, I have never filled out an account form. I have however paid them from my ltd account, and by cheque Say Strawberry Fox Ltd on it. They have also visited and sat literally in front of all legally displayed documents. I have never been a sole trader.

They did a credit search on Strawberry Fox in Market square and got a positive credit report they are saying that this proves it. However if you ask for a credit report it will always give you a score +vly if nothing against the company. Which it wasn't as they gave the wrong name and address.

I suffer from depression and one of the side effects is memory loss and i just completely forgot then got it muddled in my head. I am very upset and I do not have the money but I still have access to their stock which they have asked me to cost and then never replied.

Expert:  Joshua replied 2 years ago.
thank you for the above. On the basis of what you say, and in particular on the basis that all payments have always been made from your company rather than you personally and you have never signed anything to provide any form of personal guarantee and correspondence has always been with your limited company rather than you personally, I would appear to be no contract with you personally and their claim would appear to be against your limited company as you say rather than you.the judgement will be from what you say the general form of judgement as opposed to a default judgement entered because you failed to enter a defence, and so being a general form of judgement, you will need to consider an appeal if you consider you can demonstrate the above. In your appeal, you would need to produce evidence to show that the contract was with your company and not you personally adducing the above evidence and putting the claimant to strict proof as regards ***** ***** any additional agreement or personal guarantee signed or agreed by you which from what you say, they will not be able to produce.You normally have to appeal within 21 days of the date of the decision using the following form:http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/2197/n164_e0407.pdfThere is a procedural guide to follow for the appeal here:http://www.insidetime.org/resources/WSDocDownload/I_want_to_appeal_What_do_I_do_EX340_CourtService.pdfProviding you can demonstrate the above and by contrast, the claimant has no evidence to support the existence of any additional agreement directly with you personally, it would appear that you appeal may be well-founded.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 2 years ago.

This is where it is a bit difficult, how do I show I wasn't something? They have made an assumption and are the only supplier of 200+ suppliers that did so. It is normal to fill in an account form take references from other suppliers and a bank. I cannot remember this happening.

What does adducing mean?

Expert:  Joshua replied 2 years ago.
there is no requirement to you to prove a negative in law. Doing so is generally difficult or impossible. The law requires the claimant to prove evidence of contract. All you need do is dispute that a contract exists with you personally and where you have some evidence to support your contention which you do in the form of communications with the supplier and the source of payment that will be helpful. From there it is for the supply of produce evidence of the basis of a contract with you personally as distinct from your limited company. "Adducing" is a word that is used in association with evidence - it means to cite evidence of produce evidence to support an argument.I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Joshua and other Law Specialists are ready to help you
Customer: replied 2 years ago.

If I look at the appeal grounds though will they just think Im a complete idiot for not turning up and dismiss it? I think you can aonly appeal on the basis of disagreeing with the judgement etc...

Thank you Joshua . T

Expert:  Joshua replied 2 years ago.
Missing a court date is not ideal. Ideally you would have a reason for not being able to attend but ultimately if you have a ground for appeal which appears to be the case then your failing to attend will not prevent your being able to appeal the judgement. Missing the above 21 day deadline will be very prejudicial though so if you intend to appeal, do not leave it too late. You cannot appeal just because you disagree with the judgement. You must be able to show the judge erred in law (here this is what you would claim on the basis that you contend there is no contract personally with the supplier) or that the judge erred procedurally.Have I been able to help you with all your questions on the above?
Customer: replied 2 years ago.

Yes great thanks. I understand. All the best

T

Expert:  Joshua replied 2 years ago.
And to you.