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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Some years ago I was a self employed sales consultant selling

Customer Question

Some years ago I was a self employed sales consultant selling pension and investment and regulated by the FCA I left the company and some years later some business came off the books and the company I worked with took me to court to recover this debt, This was in 2011 at the time I put in a defence stating that I rejected there claim on the grounds that they had not taken into account the renewal commission that I was entitled to. Nothing more was heard so believed my defence had been accepted and the case had been dropped. However in July 2014 I received court papers perusing the claim. I was advised by one of the solicitors on this web site that this was an abuse of court proceedings. I therefore sent a letter to the court asking that the case be stuck out on this bases and was pleased to receive a reply from the court stating on the judges own initiative the case had been stuck out the claimants have since made a representation and it would appear that the case is Bering allowed to continue and have a court date of Feb 2015. I would like to know what I can do or say to get this case dismissed. As I said before that as I had not been contacted since 2011 I reasonably belived the case against me had been dropped and therefor no longer have the evidence to defend myself I also note that I am protected by the European directive on Human Right where it says that a case must be brought to court without delay, from the date of the summons, I don't think 3 years is reasonable time so believe they have breached these rights.
Please can you advise what my best course of action is and if I can ask the court to strike out perm innately on the ground that they have perjured my ability to defend myself as well as breached my human rights?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

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

Alex Watts :

For now please confirm as I read your question this is the second set of proceedings (first in 2011) in relation to the same claim?