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ChrisB4147
ChrisB4147,
Category: Law
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I have a question regarding a claim raised against myself

Customer Question

I have a question regarding a claim raised against myself for a disputed debt please.
Submitted: 13 days ago.
Category: Law
Expert:  ChrisB4147 replied 13 days ago.

Hi, thanks for the question.  I’m Chris and I’m a Solicitor. I will be happy to assist you and hope to provide a full response as quickly as possible.

This is a question and answer service rather than an instant chat service, and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can.

I’m sorry to hear about the situation you find yourself in.  What can I help you with?

Customer: replied 13 days ago.
Hi, I reached out on here a few months back regarding a claim made against myself for a disputed debt. I was helped to respond to the claim with a defence. The claim is still pending it got assigned to Derby Court who then transferred it to Sheffield, as it was closer, who then transferred it to my home town law courts. It’s currently still there. I actually have a few questions i require help with please.My defence was that the debt amount was incorrect and also that it actually belonged to a limited company (and was accrued during the limited company entity time) the claimants solicitors argument was that their client wasn’t notified of the entity change and mine was that it was their clients responsibility to identify who they are doing business with. I was also advised to request the claim against myself be struck out and provided evidence of the limited company.My first question is:At what point would a court make the decision to strike out the claim? It’s currently just been transferred to my home court so would the next step be an advisory of the strike out now if they decide to do that or a meeting date if not?Sheffield court stated in their letter advising sing the transfer that their decision was based ‘UPON considering the papers’ does that mean they don’t think it should be struck out?
Customer: replied 13 days ago.
Thank you in advance for your assistance and time Chris.
Expert:  ChrisB4147 replied 13 days ago.

Thank you for the information.

Expert:  ChrisB4147 replied 13 days ago.

Can I just clarify – are you saying you’ve already made the strike out application?

Customer: replied 13 days ago.
Aww, no. I wasn’t advised to do any application. I just wrote it within my defence?
Expert:  ChrisB4147 replied 13 days ago.

Okay. The purpose of a strikeout application is to stop it from getting any further in the court process.A quarter not going to consider anything that’s within a defence until such time as you come to rely on that defence today later stage.

A court are not going to consider anything that’s within a defence until such time as you come to rely on that defence today later stage.

therefore, you’re going to have to make a strike out application in its own right. You can use the information you provided within your defence and any other evidence you have. You will need to submit an N244 application saying that you’re applying to strike out. Follow the civil procedure rules 3.4

Customer: replied 13 days ago.
Ok, am I still ok to do that now? And would I send it to my home court now where it’s currently at?
Expert:  ChrisB4147 replied 13 days ago.

Yes, you can still do this. Send it to the court who now have the case.

Customer: replied 13 days ago.
Ok thank you. Before I do that, will it cost me? And I do believe that a very small percentage of the invoices included in the claimants case do fall slightly before the limited company incorporated date. Would that reduce the chance of the strike out?
Expert:  ChrisB4147 replied 13 days ago.

Yes, there would be a fee of £255 for the application. A court will only strike it out of that is no chance of success for the claimant. On a strike out application the court are not there to conduct a mini trial so if there is a possibility of them being partly successful, the court may not agree to your application.

Customer: replied 13 days ago.
Do you think what I’ve stated above, given everything else I’ve advised, would result in my application being denied? Do you think I am best to just let it go to trial so the judge can assess thoroughly and what do you think the chances of me being successful in my defence are? I was thinking (well hoping) the most probable outcome will be that the claim will be decided in the claimants favour but for the significantly reduced amount which falls outside the limited company entity, what is your weigh in please?
Expert:  ChrisB4147 replied 13 days ago.

From what you’ve told me, I don’t think you would be successful on strike out. However, my view is also that the judge would go in the claimant’s favour for part of their claim as you described. You may want to think about making them a ‘without prejudice’ offer for the invoice amount prior to the limited company.

Customer: replied 13 days ago.
Ok thank you, I’ll do that. Should they refuse my offer can you think of any reason legally why the judge would award them the full amount? Also although I am a very confident and capable person I do suffer really bad with anxiety and panic attacks especially under distress and in highly pressurised environments. The thought of having to go sit in a small court room fills me with absolute dread. Is there anything I can put to the court ie request that the hearing be over telephone or anything like that?
Customer: replied 13 days ago.
Also, the claimant has sent me a reply to my defence but I don’t really understand why. Is there something I should do in response to that?
Expert:  ChrisB4147 replied 13 days ago.

It all depends on the facts of the case before the judge. From what you tell me, they are only correcting part of their claim and the judge can make an order against you for some of their claim if it’s found that the evidence goes against you for part of the amount.

At the moment, or hearings are being held by video and I suspect that will be the same for a few months yet. Therefore you may wish to speak to the court to see how they are proposin

Expert:  ChrisB4147 replied 12 days ago.

...proposing to deal with the hearing.

I was just following up to see if there is anything else I can assist you with? If so, just let me know. If not, then I am happy to have been able to assist you. I hope the matter gets resolved.

Customer: replied 9 days ago.
Ok thank you Chris. I think that answers everything, however what about the last question regarding their response to my defence please?
Expert:  ChrisB4147 replied 8 days ago.

That part of the answer also seems to have got cut off in the response above. There is nothing to do with regards ***** ***** to Defence. Just something where they are setting out their position.

Customer: replied 3 days ago.
Thank you. If the court gets back to me and says it’ll be a physical hearing what else would I need to do please? Also in the claimants response to my defence (which is that at least 80% of the debt was accrued whilst in a limited company entity) their argument is that the account was set up as a sole trader and they were not notified of the entity change. My defence is that it is their responsibility to identify who they are doing business with and proof of the limited company being incorporated. Do you feel that’s strong enough to get the bigger part of the debt ‘unassigned ‘per say from myself and only have to pay the part of the debt accrued before the incorporation or is there anything you an add that may help me during the hearing?
Expert:  ChrisB4147 replied 2 days ago.

There’s nothing else to do if it’s at the court. Your defence doesn’t sound overly concerning so I don’t think there’s anything else to add.