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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 12027
Experience:  Senior Associate Solicitor
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I have a small claim against my business that I 100^%

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I have a small claim against my business that I 100^% believe is not valid
JA: Where are you? It matters because laws vary by location.
Customer: Uk England Roth west north
JA: What steps have you taken so far?
Customer: Nothing. I have just received the claim in the post 14 days to respond etc
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not really I think the lawyer will need the detail

Hi, this is Jim, thank you for the question - I will do my best to resolve this quickly for you.

Sorry to hear of the issue. If the claim is not valid or without merit then after you file your defence, you can apply to strike the claim out. First, tell the claimant you believe their claim is flawed and give them 7 days to discontinue (assuming you have already filed your defence). If they do not then you an apply.

I am not sure how far along your claim is. If they do sue, you will receive court documents (a response pack) which you must complete and return to the court. It is a tick box exercise for the most part and there is a short section to write a defence which is easy enough though please feel free to come back to this site if you need any more help. A claim will also take 6-12 months to be decided at court. If you lost then you would get 14 days to pay the judgment before the claimant can enforce the order, and 30 days to pay in full before it is registered with credit agencies. The claimant cannot recover legal costs if they win, in a claim under £10K (a small claim), all they can claim are the court fees and interest.

If you want to strike the claim out, you need form N244 and a statement (see attached). The fee is £255 payable to HMCTS which is recoverable if your application wins. A hearing will be required as it is a serious sanction to strike a claim out and the judge will want to hear from you and also the claimant. You need 3 copies of the application to be sent to the court. The court will then send you notice of hearing which you must attend (it can be done by telephone) and if the judge agrees with you then the claim is stuck out.

I hope this helps and answers the question which is easy to understand - please feel free to ask me anything else. I will reply as soon as I can to help with any further queries.

Thanks for using our services and have a good day,
Jim

Customer: replied 19 days ago.
Ok that sounds good.Basically the claimant studies courses with us which Sehar completed and gained certification.
She was happy at the tone of her course.
Afterwards she has picked at anything she can about the training and advice she received from us. She has sent a 30 page document outlining everything. In Amazing detail All of which advice is not set in stone and open for the trainer to offer.
We have also offered her extra training for free is she is not confident.
We are huge in our industry and receive huge amounts if amazing feedback constantly.How will this stand against the claim??
Meaning that we fulfilled the training fully and is certified.
Also we have offered her extra

Hi, it depends if this is a consumer contract with her or a business one. And if it's a consumer contact, whether you misled her or the course was not carried out with reasonable care and skill. As the claimant she has to prove the course was substandard, on the balance of probabilities. If you have good reviews and her claims are baseless then her claim will be struck out. The court would not let the claim go to a final hearing if there is no merit in it. It sounds like you have done everything you can and have been amenable with offering the extra training for free too. Some people cannot be placated and some people will always be unhappy regardless though. It doesn't mean they will win a claim - you also have rights and it sounds like a case I would be looking to get struck out.

JimLawyer and 2 other Law Specialists are ready to help you
Customer: replied 16 days ago.
Hi
So although I have only shuts seen the claim, it looks as though it was sent a whole back and I cannot respond online.What should I do from here?

Hi, they have a CCJ against you it would appear - so you should apply to set the judgment aside (see second option)

I can't take a call but if you request one here, another expert may call you, thanks

Customer: replied 16 days ago.
what should I input ?

Hi, you just need to say why you want to set the CCJ aside. The court will grant it if you have a good reason to do so.

Customer: replied 16 days ago.
I have another person who is claiming via a solicitor letter.We feel lockdown is causing these actions as we hardly ever have anything like this .Can you help with this new one?
Customer: replied 16 days ago.
I tried doing what you told me above but technical issues online.I sent via their email addesss provided and input my response and claim number etc.Will they respond?

If there are technical issues then you can use the paper method.

For as long as the CCJ is in place, and remains unpaid then the claimant can enforce with bailiffs. It also stays on your credit record for up to 6 years.

As such it either needs to be set aside and the case defended, or paid off (or the claimant accepts an installment plan – if this is the case then form N245 needs to be filed with the court).

To set aside the CCJ you need the N244 form and a witness statement with a draft order. The N244 form can also be found here:

https://www.gov.uk/government/publications/form-n244-application-notice

I attach copies of those which you can tailor to your specific case. With the witness statement, if you want to refer to any evidence such as email correspondence, letters and so on, you can do that and attach them to the statement.

To fill out the N244 form, it should be as follows :

Q1: your name, Q2: defendant, Q3: an order that the CCJ dated......is set aside because (insert a brief reason why). Q4: yes, Q5: at a hearing, Q6: 45 mins, Q7: N/A, Q8: district judge, Q9: Claimant, Q10: the attached witness statement, Q11: sign/date/insert your details.

You will need 3 copies of the bundle (N244, statement, draft order) and a covering letter to the court with a fee of £255 payable to HMCTS. If you are on low income or have low savings (or in receipt of benefits) you can ask the court for a fee exemption – you can check your eligibilty here:

http://www.gov.uk/get-help-with-court-fees

You can specify a telephone hearing and you ask the judge for an order that the CCJ is set aside. Assuming they agree to that, it comes off the credit record and you will be allowed to either defend the claim if the debt is disputed or alternatively pay what you owe and there would be no mark on the credit record.

If you have not received any court details (you need the claim number for the purpose of the N244) then you can check the CCJ details at http://www.trustonline.org.uk )

If you want to do the application and send me a copy to check, I would be happy to do that. Bear in mind the court expects these applications to be made as soon as you are first aware a CCJ was made. Any delay will harm your chances of getting it set aside.

If you have further questions over and above the validity of her claim, may I ask that you post a new question to the main site. It will not cost extra if you have membership. If you would like me to deal with the new question please mark it “For JIM only” and I will pick it up as soon as I can.

Many thanks