Would like to thank everyone who gave me advise, the claim against me was thrown out of court today, thank you all

Would she still be able to take the action against the other company, as she has mentioned the issues in this case, but they are not listed as part of the claim.

Still trying to find my way around this forum lol. can you give me a link to it

Can someone help. I have a friend who was ripped off by two companies who she entered contracts with. She is going to take them both to court, but has already filed against one of them. Both companies have the same directors. The first company have asked to settled out of court and have offered the consent order below. She is happy with this as she is getting her money back for them failing to deliver what she paid for, but she is worried in the fact if she agrees to this she wont be able to take the other company to court too as they are the same directors. Can someone advise if this is the case, or whither she will still be able to persue the second company, with the same directors for the other claim. She did advise the court of the second problem in this claim, but it was not the basis of the claim, (if that makes sense. I have underlined the bit she is worried about. Would this apply only to this claim, or could she still bring the second claim against the second company which has the same directors as this claim. Also what does the case being compromised mean in legal terms The consent order they have asked her to sign says UPON the Claimant and the Defendants having agreed terms of settlement as contained in the Schedule appended hereto AND BY CONSENT IT IS ORDERED THAT: 1.These proceedings be hereby stayed save for the purpose of carrying into effect and enforcing the terms set out in the Schedule hereto. 2.There shall be no Order as to Costs. WHEREAS the parties have come to an agreement to settle the litigation between them and each of them in these proceedings under case number (withheld for privacy on this forum)(“the Case”) NOW THEREFORE IT IS AGREED AS FOLLOWS 1.The contents of this Schedule constitute a binding agreement between the parties and each of them (“this Agreement”) in full and final settlement of the Case 2.The Defendants shall pay or cause to be paid to the Claimant the sum of £5,150 (five thousand one hundred and fifty pounds sterling) (“the Settlement Sum”) in cleared funds and without deduction or set off of any kind within 10 working days of the date of engrossment by the court of this Order. In the first instance the 1st, 2nd and 3rd Defendants shall jointly and severally be liable for the payment of the Settlement Sum to the Claimant. 3.In consideration thereof the Claimant agrees and acknowledges that: 1.The Case is hereby entirely and irrevocably compromised and she shall not be entitled to bring any further claim in relation to any issue raised in the Case against the parties or against the (the companies name withheld for privacy reasons on this forum) and any directors, servants, agents or any associated bodies; 2.[For the avoidance of doubt her application to increase the value of her claim is withdrawn.] 4.This Agreement shall be confidential between the parties save for such disclosure as may be required by law, to immediate family or to accounting or other professionals. They have employed some big legal company to defend the case, who has drawn this up and have asked her to pay 50% of the court costs for filing this consent order in court.

Will say the case is to be heard week beginning 23rd Jan 2012.

Have all these details, but too worried about printing them on here, especially hearings dates, orders etc. If he is reading them he will know who he and I am.

Can I give such paticulars on here, surely that would effect my claim.

There was no court forms issued regards the part 20 claim, rather he said in court he wanted to sue for the sum for work done and not paid for. I was with the original claimant in court for the original hearing and he shifted the blame to me, saying I directed the work and told him to do it all....... Work for claimant or for you? = Work was for the claimant directed and paid by me. The judge said well we will have to add her name to the claim now, and that was it, I was a defendant....... somethings missing, at which point did you become a defendant in a joining at part 20? - At the case management hearing. He sent in a counterclaim against the claimant, but at the case management hearing the judge added my name to his counterclaim as I instructed him - no papers or anything sent to me. Incidently it took my friend over a year to track him down to sue him for the costs of the goods missing and it was only when he sent in his defence that he said he wanted paid for work done, there was never any mention of this before, only when he sent his defense to the court The original claimant is one of my best friends and feels guilty I have been brought into this for trying to help her.... Have you ever instructed/authorised works on behalf of your friend? Yes and paid for everything instructed/for all materials purchased and I have abided by all agreements made

Oh and yes I was instructing and paying for the work on the house as I owned 50% of it at the time. But he has not done the work he has claimed to have done. He even said to the court he cut a tree down in the gardern and took it to the skip, which he charged nearly three thousand pounds for. HOWEVER, the neighbour has came forward and advised me that she asked for the tree to be cut down as it was a security risk to her property and that SHE AND HER HUSBAND had cut it down and her son burned it in their wood burner.

Believe me I dont sleep about worrying about this. I was in court with the claimant for the first case management hearing. The defendant said he took the items for payment for work he done and wasnt paid for and that he was countersuing the claimant for non payment of work completed. He told the judge I instructed him (the defendant) to do the work. The judge then said, well we best add her to the claim. I then became a part 20 defendant, without having been issued with any of the papers you listed above. Does that help clear it

The claim against him initially was for items he stole from the property when he done the work.

Their claim is they want paid for work they done on the house. He detailed work, which he didnt do and charged enormous fees for doing so.

There was no court forms issued regards the part 20 claim, rather he said in court he wanted to sue for the sum for work done and not paid for. I was with the original claimant in court for the original hearing and he shifted the blame to me, saying I directed the work and told him to do it all. The judge said well we will have to add her name to the claim now, and that was it, I was a defendant. The original claimant is one of my best friends and feels guilty I have been brought into this for trying to help her.

I have never been served any forms, my name was just added to the case in court....

I am going to ask the court to have him labled as a vexatious litigant, and use the previous cases to prove as such.