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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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There is a county court case against 3 defendants an UK

Resolved Question:

Hi, there is a county court case against 3 defendants an UK based Ltd company, myself (resident in Spain) and sole trader company, which does not exist anymore (in my name). I have provided my spanish address for the claimant, but where the hearing will take place? i will not fly to england and spend so much money just because someone is suing me. Should they move their case against me to Spain?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Do you intend to defend the claim?
Customer: replied 1 year ago.
This case is about construction works. Just to make it clear, it has been already set aside in October as the Judgment was enetered by Default in August as director of 1st defendant ltd company could not attend nor could I as I live in Spain (2nd and 3rd defendant). It was first against 1 defendant who is building materials supplier (which I used on the project), when owner of the property realised she shouldnt sue 1st defendant she added 2nd and 3rd respectivly (myself and sole trader company) - but 2nd and 3rd defendand didnt have chance to file a defence nor a counterclaim and that was also one of the grounds judge set the defualt judgment aside. I know there is a huge chance for the 1st defendant to be taken off the case as the contract for construction works was between claimant and 3rd defendant (sole trading company) and the judge on the hearing for application to set the judgment aside clearly stated to claimant she cant sue builidng materilas company just because I am based abroad and claimant feels its her only option to obtain money if she wins a judgement. What judge ordered was 2nd and 3rd defendant (both based in Spain) to file defence with direction questionaire (but I have not receiveced the forms) within 14 days. In default of defence claimant may enter judgement against defendant 2 and 3. She also listed preliminary hearing at 4th of December 2015.
Customer: replied 1 year ago.
My question is, shouldnt i have more time to file a defence? Can they obtain a county court judgment against someone who is non uk resident (I moved before the case was taken to court)? Shouldnt they move case to Spain as this is where I reside?
Customer: replied 1 year ago.
Can I just file a defence saying I am not UK resident? and that the company (sole trader 3rd defendant) doesnt not exist anymore?
Customer: replied 1 year ago.
Oh, also this may be importnat I am also a director for 1st defendant the ltd company (which only supplied building materials to the project) - hence the thought for the claimant she can sue that ltd company
Expert:  Jenny replied 1 year ago.
You can apply for more than 14 days to submit a defence by returning an acknowledgement of service form which should have been included in the papers, this gives 28 days to file a defence.
If the claim is against a business then the claim will be heard at the Claimant's local court. If the matter relates to an issue that arose in the UK then it would not be appropriate for it to be heard in Spain and nor would the courts have jurisdiction to hear it there.
If you have any further questions please do ask.
Customer: replied 1 year ago.
But who will cover costs of traveling etc? I dont care if they obtain ccj against 3rd defendant as it doesnt exist. But can they obtain one for me personally as I am not UK resident anymore?
Customer: replied 1 year ago.
What happens if the forms has not been sent to me? Only courts order.
Expert:  Jenny replied 1 year ago.
If you are successful in your defence then you can apply for the claimant to pay your expenses in defending the matter. They can obtain a CCJ against you even though you are not in the UK, this may affect your credit rating if you return. If you did not receive the original claim form you should write to the court to ask for the judgement to be set aside and ask for you to have the chance to defend yourself on the basis you did not receive notice of the claim.
Customer: replied 1 year ago.
I have read on the internet that one can not obtain a UK ccj against non uk resident
Customer: replied 1 year ago.
One of the defendants its myself personally, can I file a defence saying I am not UK resident so they should take me of the case? and just leave both companies there?
Customer: replied 1 year ago.
can I request that for me personally case should be moved to Spain?
Expert:  Jenny replied 1 year ago.
What is the value of the claim against you?
Customer: replied 1 year ago.
around 1500 pounds
Customer: replied 1 year ago.
thats total value of the claim
Expert:  Jenny replied 1 year ago.
Ok thanks you need to apply to the court for the judgement to be set aside on the basis that you did not receive the claim form to defend yourself and you were abroad and a non uk resident at the time that the judgement was entered. The fact that you live in Spain means that the Claimant cannot enforce judgement against you unless they apply to make a Cross Border claim, this would have to be an application made by them and this would be dealt with at your local (spanish) court. Details are on this information sheet. http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex725-eng.pdf You do not need to tell the Claimant they have the right to do this. They may not know. All you need to do is to apply for the Judgement to be set aside on the grounds set out above. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer.
Customer: replied 1 year ago.
So do you think I should not file defence and allocation questionaire before they make judgement (i take forms from the internet)? on the grounds 2nd defendant is closed business 3rd defendant is non uk resident
Expert:  Jenny replied 1 year ago.
I am a bit confused I though you were saying that judgement has been awarded in favour of the claimants? If it has not then yes you should take steps to defend on that basis.
Customer: replied 1 year ago.
yes as a default, but it was then put aside in october. and now they gave me till 12th november to file defence (14 days) for both 2nd and 3rd defendant, but i only got (they sent me to spain) the order not the original claim
Customer: replied 1 year ago.
do you think that this will be enough ground to strike this case off?
Customer: replied 1 year ago.
also what will preliminary hearing be about?
Expert:  Jenny replied 1 year ago.
Ok thanks, ***** ***** that case you should file a defence.
Customer: replied 1 year ago.
do you think that this will be enough ground to strike this case off? the fact that i live abroad?
Expert:  Jenny replied 1 year ago.
I would imagine the preliminary hearing is to determine the issues and the parties. I think the Judge might inform the Claimant that in order to get a remedy they need to follow the cross jurisdiction procedure I sent you details of. I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
ok, then very last, if i have not received the claim form only the order which says what shall i do, shall i contact court? or just download it online?
Expert:  Jenny replied 1 year ago.
I would suggest you contact the court to inform them that you have not received the original claim therefore you are unable to comply with the requirement to lodge a defence. They should then send you the claim and give you additional time.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
ok. thank you very much for your help. Have a nice day.

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