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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I have had a Judgement entered against me but my lawyer

Customer Question

I have had a Judgement entered against me but my lawyer tells me that it contains an error of fact.. he tells me that it will costs as much to appeal against the judgement and that I should do nothing. That said, I am wondering if the Judgemennt is legally enforceable or not. The situation is a paradox..
Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What is the nature of the judgement?

Customer: replied 11 months ago.
iN RESPECTI tried to claim for non disclosure of commission paid to a broker by bank. I had judgement entered in default as he did not respond but when warrant of execution was sent he then asked for judgement to be set aside. This was granted but as as I did not agree to this, upon advice of solicitor, the Judge ruled that I pay the costs and also that I had entered the wrong name on the Particulars of Claim. The Judgment said " we agree that RV Hall and company Ttd reg no ........ supplied the services in 2004.. but this company did not come into existence until 2015, 11 years after my business was concluded with them
Customer: replied 11 months ago.
im having dinner shortly .. if you need more info let me know .. thanks
Customer: replied 11 months ago.
are you still there
Expert:  Clare replied 11 months ago.

Who did actually provide the service?

Customer: replied 11 months ago.
A partner from the partnership created in 2003 but then went on to become ltd company
Customer: replied 11 months ago.
ltd company formed in 2015
Customer: replied 11 months ago.
Am I entitle to have he costs "taxed" as I have seen evidence that they are in any way legitimate
Customer: replied 11 months ago.
Ive complained to Parliamentary Ombudsman via mp as the CCBC who issued the claim can provide no evidence that the claim was actually sent. There hangs the problem. They have no method of confirming receipt of mail once a claim has been sent and then anyone can apparently claim to have not received it and have the claim set aside..
Expert:  Clare replied 11 months ago.

Ok

So who did you actually sue?

Customer: replied 11 months ago.
I named one of the partners Lee Arthur Tillier
Customer: replied 11 months ago.
Apparntly I paid £1050 for commission on a self certified interest only mortgage of 10 years duration, when we both could have declared our income and been entiltled to a standard repayment mortgage. The extra commission could be as much as £5000 as advised by Counsel, ***** *****ntner.
Customer: replied 11 months ago.
are you there ?
Expert:  Clare replied 11 months ago.

Right

So you sued Mr Tiller in his own name - but he claimed that he should have been sued in the name of the company - and the judge agreed.

Does that sum it up?