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Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 4678
Experience:  Solicitor
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I have judgement against me that contains an error of fact.

Customer Question

I have judgement against me that contains an error of fact. The Judgement stated that the services that I compained about were supplied by a Limited Company that did not exist until 2015 and the company that did so in 2004 were a partnership. Costs were awarded against me of £2750 simply because I did not enter the names of all of the partners on the Claim form, and yet the Judgement says the above. Total nonsense, is this Judgement enforceable. More importantly I have been told to employ solicitors would costs more than the Judgement and that I should mae a commercial decision and pay it .... !!!
Submitted: 1 year ago.
Category: Property Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Are you the Claimant or Defendant please? Did you ever appeal the costs order?

Customer: replied 1 year ago.
No as i was told the costs of employing lawyers would exceed the total Judgement.. i am Claimant
Expert:  Jamie-Law replied 1 year ago.

Just to be clear, the claim was in the name of a Limited company when it should have been the partners?

Customer: replied 1 year ago.
I entered the claim in the name of one of the patrners and not all of them. The same partnership formed the Limited co in 2015. The Judgement said "it agreed that R V Halla dn Co Ltd supplied the services" It could not have done it didnt exist in 2004.
Expert:  Jamie-Law replied 1 year ago.

Did you appeal the decision?

Customer: replied 1 year ago.
No not yet as I was told lawyers costs would cost 2800 pounds.
Customer: replied 1 year ago.
Told to make a "commercial decision[" in other words pay it !
Customer: replied 1 year ago.
The Defendant claimed not to receive the claim which I purposefully sent to his home addresss as some time earlier he took 4 months before replying to corresspondence sent to him by Ombudsman. As I was advised NOT to agree to have the Judgement set aside I have no doubt incurred costs for acting unreasonable. Ive complained to Parlimentary Ombudsman who are investigating
Expert:  Jamie-Law replied 1 year ago.

What was the claim in the name of? When was the decision made?

Customer: replied 1 year ago.
Claim entered in the name of Lee Arthur Tillier. Decision made 6 weeks ago. Ive been told not to pursue this whilst Parl Ombudsman investigates. is that correct. damm mess
Customer: replied 1 year ago.
im free Tuesday morning to talk if that helps maybe, im at work now
Customer: replied 1 year ago.
Is the Judgement enforceable if there is an error of fact..
Expert:  Jamie-Law replied 1 year ago.

Ah sadly you are out of time. You only have 21 days in which to appeal a decision. As it stands sadly you are out of time. The problem is the longer you leave it the harder it is to appeal, because you need permission to appeal out of time.

If the Court made a finding that it was the Ltd company that supplied then you must appeal that decision, but you are out of time.
Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
I need to know is the debt enforceable.
Expert:  Jamie-Law replied 1 year ago.

Can you enforce it, as it stands no.

The claim form is wrong. You needed to amend the claim.

The costs order is because the Court has ordered that

Does that clarify?

Expert:  Jamie-Law replied 12 months ago.

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