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County court claim corrupted

Discussion in 'Legal' started by Warrywayne, Feb 27, 2011.

  1. Warrywayne

    Warrywayne UKBF Newcomer Free Member

    Posts: 8 Likes: 0
    I have a county court claim that i have won, i have sat a final hearing and the district judge ordered the defendants third party to pay under a third party dept order, the judge has not abided by county court law and has failed to do anything about it, apart from setting a side this claim based on no evidence submitted and following his order for them to pay, i feel this is a complete corruptive fasion of a claim to deter me fgrom owed fees, can anyone suggest what my next step maybe?
  2. daniel.benson

    daniel.benson UKBF Contributor Full Member

    Posts: 605 Likes: 114
    So has the claim now been set aside or have you got a Judgement?
  3. Warrywayne

    Warrywayne UKBF Newcomer Free Member

    Posts: 8 Likes: 0
    Hi thanks for responding to me, yes theres a couple of claims 1 has been set aside despite the final hearing from the judge 2 weeks previous which he noted to me that he was ordering the courts to pay me within 14days, after this i got a letter from the courts telling me to prepare the apllication for them? which wasnt right i knew st8 away something fishes was going on, the second 1 is a claim that has been set aside following my final hearing and the defendant ordeed to pay but this was later set a side with the defendant naming my name wrong on the form and the judge accepted this! a completely different all together, the third and final is a claim that has never been executed despite the judge ordering this to be paid within 14 days and three weeks later they still have not made the application I do feel it his the clerks and court manager that have decided to treat my paper work and claims like a sack of spuds because i do think the judge is either in on the issue or doesnt know what they are doing with my claims after hearings, because i have been told not to contact the courts again over my claims they think im going away and forgetting but, i do intend to ensure justice is coompletely done on this 1 mate
  4. Warrywayne

    Warrywayne UKBF Newcomer Free Member

    Posts: 8 Likes: 0
    i have written to the courts last wek requesting a meeting with the judge, im sure that wont happen either and the ministry of justice has stated they cannot intervene ! i mean what do i pay my taxes for mate, this case is definatly not being dropped by me i also think its a way to get monies from a claimant bthat has none so i cannot do owt about it, but i can and i will, but i want every penny back m8
  5. Warrywayne

    Warrywayne UKBF Newcomer Free Member

    Posts: 8 Likes: 0
    so any advice would be greatly appreciated as at the moment im struggling to gain support to miove forward with the claims, wayne.
  6. Dawg

    Dawg UKBF Regular Free Member

    Posts: 10,906 Likes: 3,466
    Get a solicitor, or at least someone with expertise in court procedure and who can communicate with the court in the court's fashion.
  7. The Resolver

    The Resolver UKBF Regular Full Member

    Posts: 2,097 Likes: 717
    Please explain the grounds submitted by the Defendants for setting aside each of the judgments.

    You suggest a misnaming of your company in the court papers ('but this was later set a side with the defendant naming my name wrong on the form and the judge accepted this!') . I presume they mean that the company who sued was not the company they contracted with. This may be a problem for you since, after looking at your website, I note that you have failed to identify the limited company with whom people do business. Your domain is owned by a limited company and so you are in breach of the Companies (Trading Disclosure) Regulations 2008 for not identifying the company as well as reg office and other obligatory pieces of information.
  8. Clarkmans

    Clarkmans UKBF Contributor Free Member

    Posts: 345 Likes: 81

    Not completely clear on your situation but it sounds like you got judgment against the Defendants and you then were awarded an inteim third party debt order but this was not made final as judgment was set aside. Is that the case?

    A judgment can be set aside if the defendant shows it has a reasonable prospect of defending the claim. The defendants obviously had enough information in their applciation to suceed on this point.

    When an applicaiton to set judgment is made the Claimant is expected to file a witness statement in response setting out reasons why judgment should not be set aside. If you did not do this then that would be a factor in why judgment was set aside.

    The matter will now go to trial and a judge will then take into account all the evidence any make a decision.

    If the matter is for more than £5k then you can make an application for summary judgment if you feel the defendant has no defence. I would not advise you to do this without legal advice though.

    If the claim is for less than £5k then it is not worth making any applications as it will be listed for trial relatively quickly.

    If you post more information about your claim I am happy to provide some advice on the best way forward. Writing to the court and complaining about the judge will not help you!