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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70012
Experience:  Over 5 years in practice
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Its not too complex really, i did a job customer,

Customer Question

Hello, its not too complex really, i did a job for a customer, sent in the invoice and they never paid me or responded to demands for payment, i filed a claim using MCOL, the company then responded saying it would be paid at the end of the month at the same time threatening me against taking legal action as it would damage me getting further work. I let the claim continue on MCOL until i was paid 5 days after the issue of proceedings against the defendant, he did not pay my court costs and therefore we requested a judgement against him as the debt was not paid in full, he then threatened me again so i asked for the judegement to be set asside as i can't afford expensive lawyers, the court refused the set asside stating they are not there for credit washing, so now he has a solicitor seeking a set asside and is claiming damages against me and costs, the reason they have put for the set asside is that the debt was paid before the juudgement was entered so is not legal, but the court costs still haven't been paid by them and are still owing, the evidence written by the defendant is full of lies and i need to ensure that the juudge sees the truth, which i have a full documented timeline proving that i acted correctly, how should i proceed.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What are you hoping to achieve?
Customer: replied 1 year ago.
Well, they are threatening to make me pay their costs for getting the legally put judgement asside and also for damages caused as a result of them having a CCJ against them. I just want them to pay me what they owe me, which is the outstanding court fees and then leave me alone and stop harrassing me for simply using the court system to get the money that they owed me when they refused to pay, they had every opportunity to defend the claim but ignored the court papers and now they are not happy with the result of doing nothing.
Customer: replied 1 year ago.
when i first filed the court papers they sent me an email threatening me that if took legal action againsy them i would regret it and they would ensure i didn't get any more work.
Customer: replied 1 year ago.
They are arrogant bullies who simply thought they could stop due legal process by threats against me, and i have stood my ground.
Customer: replied 1 year ago.
Oh and Hello Jo, hope you can help.
Expert:  Jo C. replied 1 year ago.
Ok. So are you asking if you are liable?
Customer: replied 1 year ago.
Yes and how to respond to the threat and how to ensure the judge sees the true timeline which i have fully document supported. The defendant has lied in his statement to the court in order to claim that i filed my court case after he had told me i would get paid. But i have the documentary proof this is not true as all court events are logged to the minute. Geoff.
Expert:  Jo C. replied 1 year ago.
Sorry if I am missing the point but I'm not sure on what basis they have a claim against you.
They might well have a sound application to get this set aside but that doesn't give them a claim against you.
I wouldn't worry about their threats. Just get on with bringing your claim against them which must have merit or there would not have been a CCJ. Unless you have lied or mislead the court in some other way there is no claim against you. Even if they do have a defence to the claim you brought then that is fine but it is their fault they didn't raise it not yours.
If it under £10k then it is a small claims court sum anyway and so costs will not arise.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 70012
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Jo, thats exactly what i thought, but i have been threatened a lot by the defendant to my claim in his attempt to pervert the course of justice.So i was concerned that they had a claim against me, no i certainly didn't lie or mislead the court about the CCJ and the only claim they are making is that the judgement was entered after they had paid up, But the judgement was entered against them because the court fees weren't paid by them and the whole amount therefore wasn't paid and they simply ignored it all till it was too late. So i think the only reason they are trying to bring a claim is because they want to do me some damage because i took them to court for the debt they owed me, basically its revenge.Anyway, thanks for your help, i do appreciate it, where are you based, we need a good company lawyer, we are just about to buy a business or two with deals over 1.7 million ( just signed heads of terms for first one ) so i need some legals on the deals, how you fixed ?? and thanks again - Geoff Bye.
Expert:  Jo C. replied 1 year ago.
I'm in London.
I think you are right in your assessment of this situation.

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