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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good Morning, I hope you will be able to assist me. My

Resolved Question:

Good Morning,
I hope you will be able to assist me.
My company had a judgement passed against us in September 2015 after a lengthy litigation. We do not trade and have not been able to due to claimant instigated negative press - so we have agreed to a suitable payment plan which has already commenced.
I received an Order to Attend Court for Questioning - to discover level of business assets - to which there are non. We are a small theatrical production company - who generally have hired costumes & scenery to keep production costs lower than a large outgoing spend.
I am currently working out of the UK - on a freelance contract that I have been engaged on from 12 Jan until 2 April 2016. I made this clear to the Claimants legal rep from the offset and was greeted with an unwillingness to flexibility.
I am now being forced to effectively breach my contract, which will no doubt bring a personal litigation against me and I will be liable for considerable costs to replace me.
I have pleaded with Lambeth CC to instigate an adjournment until the earliest possible date to coincide with my availability - but as yet have heard nothing and this morning have received an email from the Claimants solicitor - saying that they would not be willing to adjourn.
I am completely dumfounded as to what course of action to take. The money I receiving via the freelance contract is used to pay off the debt to the claimant... without this I have no means to honour the agreement.
I have suffered severely from depression since the very start of the litigation, am heavily medicated and have already suffered a nervous breakdown due to the sustained stress surrounding this matter and was hospitalised. I know find myself backed into a corner with no room to manouver.
I would be grateful for any advice.
Yours
Antony
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Was the order to attend served on you personally please?Alex
Customer: replied 1 year ago.
HI Alex, thanks so much for getting back to me.Yes the order was served to me personally.Antony
Expert:  Ash replied 1 year ago.
Have you made a formal application to the Court to adjourn? Is this the first order to attend?
Customer: replied 1 year ago.
I have contacted the court via email. But - i've never been in this situation before and don't know how to proceed. This is the first order I have had to attend court for questioning. How do I make a formal application to the court - and will there be difficulties as i'm not in the UK.
Customer: replied 1 year ago.
This is the email sent to the court on 8th February - I had previously sent a letter via post.URGENT ATTENTION REQUESTEDTO WHOM THIS MAY CONCERNI, (Legal name: An***** *****) am contacting you regarding the Claim Number shown above in response to the N39 Form produced by Miss A Bangura relating to my company ASH PRODUCTIONS LIVE LTD, the debtor.I have been ordered to attend the court on 17 February 2016 at 10.30am for questioning regarding the judgement passed against us on 24/09/2015. Please note - we are already in agreement with the Creditor on a suitable payment plan - which was taken into effect in December 2015 for monthly instalments via Direct Debit.Due to my freelance work I am currently out of the country on a contract until Sat 2nd April 2016 - I am engaged as a director on 3 theatrical productions. I have already informed the Creditor’s legal representative of the unavailability and the issues surrounding my requested attendance. I have done everything in my power to arrange attendance - however I am at high risk of losing my job and being in breach of my contract. Which, as I am sure you can appreciate, is not a situation i wish to find myself in.I am absolutely compliant to attend but request that the order be delayed until the earliest possible date after my contract has concluded and I am back in UK territory.My current mobile is out of order due to my location - however I do have email access.Whilst I fully understand the necessity to attend and the importance of the matter - I would be grateful for my request to be considered and an alternative date offered - of course to be agreed by the Creditor’s representative - Pattinson & Brewer.Thank you in advance for your time and consideration and I sincerely ***** ***** a re-arrangement can be organised.RegardsMr An***** *****For & on Behalf of ASH PRODUCTIONS LIVE LTD
Expert:  Ash replied 1 year ago.
You need to make a formal application on form N244:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdfThere is a Court fee of £50. This will go before a Judge who will consider your application to adjourn. This is what you need to do - make a formal proper application for an adjournment. You may also have to submit evidence of why you are away.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Do I have to send this via post?
Expert:  Ash replied 1 year ago.
Yes you can. Some Courts have electronic filing.Does that clarify?Alex
Customer: replied 1 year ago.
It does indeed. Aside from what I have already stated and the plea i have made to the other party - can a judge order them to adjourn - even if they are unwilling? Is there any wording or content i should use to ensure the form is given suitable attention
Expert:  Ash replied 1 year ago.
Well its the court that has listed it. The listing date is nothing to do with the other side, its down to the Court. The Court will consider whether to adjourn itDoes that help?Alex
Customer: replied 1 year ago.
yes thank you so much.
Expert:  Ash replied 1 year ago.
Good luckIf this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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Customer: replied 1 year ago.
Alex you have been very helpful. thank you very much indeed.