Wronged by Court and Supplier

Properseller

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Jan 9, 2024
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We have a supplier who supplied goods to my business worth around £9000. We noticed that we couldn't meet up payments so we contacted the supplier with a payment plan request which involved paying £1000 each in November, December and a final £2000 in January and but before we could agree, someone from their office went on to submit a claim to the Civil National Business Centre. The supplier's invoice does state that title of goods remain the property of the company until all outstanding accounts due are paid, so on this basis, we returned £5000+ worth of goods to the company (some of which had been missold using inaccurate images) and paid around £100 cash. The supplier received all the returns as we have proof of delivery.
Now this is where it gets interesting:
The claim was submitted on 23/10/2023 for the £9000 plus some fees and interest, it was brought up to £10,192.36
Because we knew we had a solid case, I sent in an acknowledgement of service on 27/10/23 and within the required timescales, I sent a request to contest the court jurisdiction of 09/11/23 on the basis that the claimant misrepresented the amount to be claimed by claiming the wrong amount and not submitting to the courts that we had returned some goods as well as cash and this was received on 11/11/23. I then had a baby on the 14/11/23 thinking that it was an open and shut case on the basis on the misleading amount. In the meantime, we had paid off the £2000 according to the plan so we had only £2000 left.
To my surprise, I logged in early December to find that Judgement had been issued against the company on the 30/11/23 without acknowledging the letter I sent contesting court jurisdiction.
On 09/12/2023 I then submitted a set aside request with cash we don't have. This was returned even though on the form, it was clear that I had stated that I requested a set aside with the reason. The person who returned it, alluded to it not being clear. I was also asked to apply directly to a local court because a writ of The date on the return mail was 22/12/23 but we were closed then so we only received it in the new year. I have done this on the 2nd of January, 2024.
Today, I received a letter that someone from an enforcement company attended the premises on 29/12/23 to remove goods. We were not open then and in all this, I have a newborn yet dealing with this level of stress.

Please what are my options? I feel like I was wronged by the court from the beginning when my request to contest court's jursidiction was not acknowledged and this set off everything. I have also returned £5000+ worth of goods to the supplier. Could someone please help?
 
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That's the central office where debt claims are processed. It is based in Northampton and linked to money claim dot gov
You mean you received a county court claim against you.

When the claim was made the amount owing was the amount claimed. You apparently reduced the amount owing. You then tried to claim the court had no jurisdiction, which is a ridiculous claim. Of course they have jursidiction - the right to consider the claim. You should have filed a defence which would have included, amongst other things, the information that you has returned and repaid some of the amount owing. You failed to file a defence so a judgment was lodged against you. The papers that come from the court make all of this very clear.

You have applied to set aside the decision. If you relied in that application on your jurisdiction claim, it would have been thrown out.

Seek legal advice.
 
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It's hard to get passed your opening sentence -

"We have a supplier who supplied goods to my business worth around £9000. We noticed that we couldn't meet up payments ..."

You "noticed?" and the supplier just "supplied" you with goods? You didn't order them without the ability to pay for them? And now it's everybody else's fault? Sheesh.

It's way passed time to talk to a lawyer.
 
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I’m sorry properseller but your just clasping at straws here, it’s clear to all unfortunately. Do the right thing and just accept responsibility admit you managed this badly and now do what you can to put it right.

The lady who runs the company who supplied you £9k worth of kit probably has also just had a baby and is juggling feeding, no sleep and running a business too now has this added stress to deal with. (I said probably)
 
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You have 2 options:
  1. Live with it and move on
  2. Employ a solicitor and try to get the judgement set aside
Either way will cost you thousands!
 
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I'm generally sympathetic to people messing up in business- including if they end up going bust.

The 2 strict condition on that sympathy are:

1. They are not just shafting people to game the system.

2. They acknowledge and learn from their mistakes

Unfortunately in your long-winded story, it appears that every one is to blame except you.

Before you decide on a course of action, do yourself a big favour and take ownership of / responsibility for your mistakes.
 
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New name for what used to be County Court Money Claims & County Court Business Centre. Majority of all CCJs will be going through here (Civil National Business Centre) now.
But it is still, and always has been, a county court claim. The method of lodging the claim has changed its name, not the claim itself.
 
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We have a supplier who supplied goods to my business worth around £9000. We noticed that we couldn't meet up payments so we contacted the supplier with a payment plan request which involved paying £1000 each in November, December and a final £2000 in January and but before we could agree, someone from their office went on to submit a claim to the Civil National Business Centre. The supplier's invoice does state that title of goods remain the property of the company until all outstanding accounts due are paid, so on this basis, we returned £5000+ worth of goods to the company (some of which had been missold using inaccurate images) and paid around £100 cash. The supplier received all the returns as we have proof of delivery.
Now this is where it gets interesting:
The claim was submitted on 23/10/2023 for the £9000 plus some fees and interest, it was brought up to £10,192.36
Because we knew we had a solid case, I sent in an acknowledgement of service on 27/10/23 and within the required timescales, I sent a request to contest the court jurisdiction of 09/11/23 on the basis that the claimant misrepresented the amount to be claimed by claiming the wrong amount and not submitting to the courts that we had returned some goods as well as cash and this was received on 11/11/23. I then had a baby on the 14/11/23 thinking that it was an open and shut case on the basis on the misleading amount. In the meantime, we had paid off the £2000 according to the plan so we had only £2000 left.
To my surprise, I logged in early December to find that Judgement had been issued against the company on the 30/11/23 without acknowledging the letter I sent contesting court jurisdiction.
On 09/12/2023 I then submitted a set aside request with cash we don't have. This was returned even though on the form, it was clear that I had stated that I requested a set aside with the reason. The person who returned it, alluded to it not being clear. I was also asked to apply directly to a local court because a writ of The date on the return mail was 22/12/23 but we were closed then so we only received it in the new year. I have done this on the 2nd of January, 2024.
Today, I received a letter that someone from an enforcement company attended the premises on 29/12/23 to remove goods. We were not open then and in all this, I have a newborn yet dealing with this level of stress.

Please what are my options? I feel like I was wronged by the court from the beginning when my request to contest court's jursidiction was not acknowledged and this set off everything. I have also returned £5000+ worth of goods to the supplier. Could someone please help?

What a mess!

You totally misunderstood the question on the Acknowledgement of Service asking if you disputed the court's jurisdiction. This is aimed at situations where, for example, the contract stipulated that the law of another country governed the contract. If you tick the box saying you dispute jurisdiction then you must file an application to the court within 14 days setting out the basis for your challenge.

In your case there was no valid challenge at all, but by not submitting the necessary application you were deemed to have accepted that the court did have jurisdiction.

This meant that you had to file a Defence within 28 days of receiving the Claim Form. You failed to do so, and the Claimant was therefore able to obtain default judgment against you for the full amount claimed.

You therefore need to apply to set the judgment aside, but the court will only allow you to do this if it appears you have a viable defence. It sounds as though you may have a defence to part of the claim, but I can't make sense of your comment about a Writ of the date on the return mail.

It sounds as though you did make an application to set the judgment aside, but unfortunately cocked that up as well. This is why it's often a false economy to think you can conduct litigation without professional advice.

Probably your only option now is to make a further application, this time with paid advice, but there's a significant risk of throwing good money after bad. However, at least if you do make a fresh application it would give you a better opportunity of investigating the possibility of doing a deal with the supplier.

So far as the bailiffs are concerned you do have the right to apply for a stay of execution - https://www.dealingwithbailiffs.co.uk/Stop-High-Court-Enforcement-Officer-HCEO.htm However, there's no guarantee it would be granted - the mere fact that you're applying to set the judgment aside is not enough in itself. You should therefore take practical steps to ensure that there is nothing of value at the property when the bailiffs turn up.
 
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You mean you received a county court claim against you.

When the claim was made the amount owing was the amount claimed. You apparently reduced the amount owing. You then tried to claim the court had no jurisdiction, which is a ridiculous claim. Of course they have jursidiction - the right to consider the claim. You should have filed a defence which would have included, amongst other things, the information that you has returned and repaid some of the amount owing. You failed to file a defence so a judgment was lodged against you. The papers that come from the court make all of this very clear.

You have applied to set aside the decision. If you relied in that application on your jurisdiction claim, it would have been thrown out.

Seek legal advice.
Lol...the stay on writ of execution was issued so it is all good for now. Thanks though.
 
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Lol...the stay on writ of execution was issued so it is all good for now. Thanks though.
Nothing like giving the whole story. This is the first mention of a stay on the writ of execution. That removes the immediate pressure, but you still owe the money on the judgment.
 
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If this ever happens again, where the Claimant is trying it on seeking the value for goods you have returned, you submit a move to strike out their case and say why.
 
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If this ever happens again, where the Claimant is trying it on seeking the value for goods you have returned, you submit a move to strike out their case and say why.
The chronology is not exactly clear, but I read it that the claim was lodged before the goods were returned or monies paid. Submit a defence, stating that x amount has been returned and y amount paid, and that the balance is/is not disputed.

Always file a defence, unless you don't intend to defend.
 
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It's hard to get passed your opening sentence -

"We have a supplier who supplied goods to my business worth around £9000. We noticed that we couldn't meet up payments ..."

You "noticed?" and the supplier just "supplied" you with goods? You didn't order them without the ability to pay for them? And now it's everybody else's fault? Sheesh.

It's way passed time to talk to a lawyer.
I know it is difficult to believe but someone can be in business for more than 8 years and still fall into financial difficulty.
 
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Nothing like giving the whole story. This is the first mention of a stay on the writ of execution. That removes the immediate pressure, but you still owe the money on the judgment.
If I lose but if I have returned the goods (informed them that I returned them) and paid money before they made a claim then their claim is false. Again, it is easy to say one should seek legal advice but there are financial and life circumstances that make it extremely tough to do. Please bear in mind that I was typing very fast and in a very panicked mode when I posted that but there should be the word "writ" in my initial post. Thanks for your input though. Enjoy your day.
 
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What a mess!

You totally misunderstood the question on the Acknowledgement of Service asking if you disputed the court's jurisdiction. This is aimed at situations where, for example, the contract stipulated that the law of another country governed the contract. If you tick the box saying you dispute jurisdiction then you must file an application to the court within 14 days setting out the basis for your challenge.

In your case there was no valid challenge at all, but by not submitting the necessary application you were deemed to have accepted that the court did have jurisdiction.

This meant that you had to file a Defence within 28 days of receiving the Claim Form. You failed to do so, and the Claimant was therefore able to obtain default judgment against you for the full amount claimed.

You therefore need to apply to set the judgment aside, but the court will only allow you to do this if it appears you have a viable defence. It sounds as though you may have a defence to part of the claim, but I can't make sense of your comment about a Writ of the date on the return mail.

It sounds as though you did make an application to set the judgment aside, but unfortunately cocked that up as well. This is why it's often a false economy to think you can conduct litigation without professional advice.

Probably your only option now is to make a further application, this time with paid advice, but there's a significant risk of throwing good money after bad. However, at least if you do make a fresh application it would give you a better opportunity of investigating the possibility of doing a deal with the supplier.

However, there's no guarantee it would be granted - the mere fact that you're applying to set the judgment aside is not enough in itself. You should therefore take practical steps to ensure that there is nothing of value at the property when the bailiffs turn up.
Thank you for your very helpful reply. I agree it is a big mess. I was typing very fast when I made the post. I had submitted a set aside request early December and then applied to a local court to get a stay on the writ/set aside once I was told to do so, I did this early January once we received the post (which turned out to be handposted. My staff informed me about the letter on the day I made this post and the stay was issued the day after I made the post. You are right that bailiffs move fast because they turned up the following day after I made this post. Same day the stay was issued. They do not seem to have given enough notice to act and claim to have posted 2 previous letters which we did not receive.

A real mess indeed.
 
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I’m sorry properseller but your just clasping at straws here, it’s clear to all unfortunately. Do the right thing and just accept responsibility admit you managed this badly and now do what you can to put it right.

The lady who runs the company who supplied you £9k worth of kit probably has also just had a baby and is juggling feeding, no sleep and running a business too now has this added stress to deal with. (I said probably)
As clear as mud I'm afraid
 
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Again, it is easy to say one should seek legal advice but there are financial and life circumstances that make it extremely tough to do.
Is it now tougher than before the court action?
 
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