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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Following an installation by a builder, I tried consilliation

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Following an installation by a builder, I tried consilliation to put the job right, since what they'd done created major problems that would cost thousands of pounds to fix. In short the case ended up in the county court about a year ago. After several hearings, I paid £800 to the court for a trial that was fixed for a day. From the moment the trial evidence was submitted, the company I claimed against bought another company name, lied to an insolvency company, went into liquidation without reference to me or the court. Never informed the court, though I did from finding out from Companies House. They then bought all the old companies equipment back for the the company from the liquidator. They never came to court the day of the trial, giving no reason. Their was no trial, the judge just stated they would not have the hearing unless the liquidator takes the defence. Without a chance to cross examine or show more evidence, my application to have the directors named was also dismissed. I want this trial. The court explained on the phone that the case may be struck out prior to the trial. By fixing the trial for one day, I thought I'd persuaded them to have the trial. But as I said, I paid £800 for 10 minutes and no trial. No contempt of court was discussed as to why the directors didn't turn up. The judge who sat alone in the room with me, just pushed the file bundle to me and said that was it. Its fair to say I don't have a good relationship with this court and had a complaint against them for handling a family case regarding my son. I had asked to shelve the complaint till this case ended. But also suggested that their may be a conflict of interest for them handling the construction case. The long and the short is, I want a proper trial, regardless of the companies liquidation and reformation. The work required to fix my roof is estimated at £15000 plus. I don't have that sort of money. The liquidator themselves talk of conflicting stories in the companies statements regarding books etc. Its a blatent get out from fullfilling their obligation under guerentee. Yet I have to fight an unsympathetic court. One of the officials said it was unlikely the court would continue handling the case, since they would not recover costs. Yet I've paid over a £1000 so far for less than an hour of appearances. I have till August 4th to write to the liquidator who is unlikely to take the case since they acted as advisor first to prompt the liquidation on just verbal lies from the respondent. I'd like to challenge the judge and bring the people to court who were ordered to come to court. Is their anything I can do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Do you know why the Liquidator wont do anything?
On what basis do you want to challenge the court?
Customer: replied 2 years ago.
The judge suggested the liquidator would be unlikely to defend the liquidated company since theirs nothing in it for them. The company bought all of their stuff back in a new company name. They made £5000 for giving the company advice and handling the liquidation. If they lose to me they gain nothing and if they win they gain nothing, I assume. I read their charges to defend a client, £500 per hour. I'm really not sure where I stand on this. Info would be welcome.
The basis on which I'd like to challenge the court is what my question is to you. I need to know my options if I have any? I don't believe the court fulfilled it's obligation for a days trial. The defendents didn't fulfill their obligation of change of address and circumstance or turn up at court. The case was never heard. Options for this I don't know, but if I go to the liquidator and they turn down the chance to defend the client, I get no trial. If I appeal, I accept I've had a trial, which I haven't. I wander if theirs a route to challenge that I've not had a trial. Can you advise on any options.
Expert:  Ash replied 2 years ago.
When you say the Court didnt fill its obligation, why would the trial last a day if the other side didnt turn up?
Customer: replied 2 years ago.
This was a Civil case. The date is issued and allowance was given for a full one day hearing. For which I had to pay £800. The defendant were ordered to be their. They just didn't come. I did the trial bundle as requested and fulfilled my obligations bur rhe judge didn't take any evidence. Their was no cross examinations, nothing. Just me and the judge in a room. The judge gave me my file back and dismissed everything unless the liquidator takes up the defendants case as explained earlier
Expert:  Ash replied 2 years ago.
They were actually ordered? Are you sure about that because usually they wouldnt be.
Customer: replied 2 years ago.
Ok I see what you mean. Though the trial was ordered, and the full day was ordered, they wern't ordered to attend if they didn't want too. But if they didn't attend and their was no defence, why were they not found guilty even though they'd liquidated. The directors being added to the claim and the change of address was to be heard, at the start of the hearing. Yet their was no one to defend them and plenty of evidence against them. Written evidence, evidence of lies at previous hearings, yet no chance to point this out or cross examine. The court might aswell have just written to me saying not guilty and saved me taking a day off work and £800. Their must be a way to challenge this. I stated earlier my ongoing complaint to the court regarding a family court hearing about my son. I won't go in to details about that but the Judge who took the case was a specialist in family law. She writes books on the subject. Is this not reasonable grounds that the court itself is prejudicial? How is it justice that their is payment but no trial? That if I park on a yellow line I get fined, yet someone can cause £15000 worth of damage, lie to the court, break the law required for being directors, get caught lieing regarding their own liquidation to the liquidator and they don't even have to face trial? Their must be a way to challenge this dogmatic verdict. I need to find out very fast, because I have until August 4th. Do you have any options you could suggest to challenge this? If you do I'd very much appreciate hearing them. Thanks. Sorry about erring my obvious discontentment with this court. It's been a slow realisation that their is no real 'thing' called justice in a court. You can win as many arguments as you want. But you can get away with murder if you know the protocal and law of the land. I need to know the protocal for the challenge. The options for the challenge. Or is the matter dead in the water?
Expert:  Ash replied 2 years ago.
Sadly all you can do is appeal the decision. But you can only appeal if:
1) There is an error in law,
2) there is an error in procedure,
3) The Judges decision was unreasonable
Sadly I think it is dead in the water. As for the trial fee, sadly it was listed for trial and just because they didnt turn up, does not mean there was not a hearing - there was. A trial can last 10 minutes or several days. There was 'no trial' as such because if they went into Liquidation there is no point having a trial - you are a creditor and nothing else.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Can you tell me if it could be regarded as unreasonable that the Judge had all the case and no defence, yet cannot reach a verdict without a third party ie the liquidator. Is that unreasonable? Is it unreasonable to know a month before hand that the firm had been liquidated, yet take the money, say a trial date, and not have a trial? Is it unreasonable? If the judge does not accept any evidence to be given, can it be reasonable to assume their is no trial and I should have been informed that the trial would not go ahead and pointlessly pay £800 for nothing? Is the judges decision unreasonable if their was no defence?
Expert:  Ash replied 2 years ago.
I dont think its unreasonable, because even if you got Judgment there would be nothing you can do. You would needed to have brought in the liqudiator for the trial.
As for the trial itself, the hearing fee for a trial is £800. There was a hearing, albeit short. You may not feel it is value for money, but there was a hearing which you had paid for, no matter how short.
You could try and appeal but sadly I dont think you would get anywhere.
I realise its not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you?
Alex
Customer: replied 2 years ago.
Thanks for your honesty Alex. Just a couple of things to clarify. The trial date was 'fixed' for one day. The definition of a trial must surely include taking evidence from both sides and if necessary (which it was) cross examinations. The fixed timescale and the trial were what I paid for. It's true, may be I wouldn't get anything, but I would have been a creditor as was agreed by the liquidator. I would also have put the company and directors in to their rightful position as fraudsters. They would have had a black mark against them, to make it more difficult to do the same thing to someone else. The fact that the court would not get the costs back is maybe irellevant. Yet it sounds like. Even though the court had a year to get this to trial, as soon as the company liquidated, justice went out of the window. The only way the court could get any money was if I lost. Or a method was found to strike it out. I need to clarify the purpose of the court. Is it justice? Or justice until a liquidation then reverts to cash before justice? I know, it's unusual, but I need to know. Would you suggest going to the liquidator? Do you think I have a case to at least get my money back off the court under the supply of goods and services act?
Expert:  Ash replied 2 years ago.
No. The Judge can read the evidence submitted. If the trial was fixed for one day, that does not mean it must be a whole day. It can be for 10 mins and be over with. I have done trials like that.
I would suggest going to the Liquidator and you can try and sue the Court for the fee.
Alex
Customer: replied 2 years ago.
Thanks very much Alex. I appreciate your honesty. Good luck in the future
Expert:  Ash replied 2 years ago.
And you.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.
thanks again. I will give a good rating. But one last thing. I've just written to the liquidator. But if I want to claim my money back from the court, is this done my puting my argument in an email as a complaint or do I fill in a form? Would you regard me as having a reasonable chance from what you've heard? Or more like ly another waste of money, since they will be judging themselves? Thanks
Expert:  Ash replied 2 years ago.
You can put a complaint in to the Court. Do I think you have a claim against the Court, maybe.
Alex
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Customer: replied 2 years ago.
Thanks very much Alex. You've been very patient and helpful. I'll tick the boxes. Good luck x