Bit of a Victory! Can I please ask for some help to take the final steps

[tracied123]

Hi and thank you so very much for viewing my post.

 

I posted previously about a firm of solicitors who for 5 years refused to give me any bills or invoices, and kept threatening to bankrupt me if I didn't hand over £3000 or sign an agreement agreeing I owed the debt. They would not tell me what they had done with the money they took from me at the outset £1500. They could never show me one single letter or phone call they made on my behalf.

 

They commenced a claim in the County Courts without one bit of paperwork. I mounted a defence and Counterclaim. They did not respond they ignored my counterclaim.

 

THe Judge gave an an Order that they had till 12th May at 4pm to serve full client agreement letters, invoices, bills etc and proof of their debt. They ignored the order, they kept ringing me up telling they knew people at the court I would not stand a chance, I should come into the office and settle or sign a debt acknowledgement.

 

I kept going with my Counterclaim, THey did not respond or acknowledge my Counterclaim, so I filed N225 Request for Judgement.

 

The Judge again issued another order before giving me Judgement that they had to file the paperwork proving their claim within 14 days - they ignored that also they said to me that as they are solicitors connected with the Court they do not have to adhere to the rules !

 

I made an application to go before the Judge. He read through all of this and he immediately

 

Struck out their claim on the basis that they have not complied to a single case management Order or a further order that was made.

 

He also gave me "Judgement for the Defendant on the Counterclaim for the Sum to be assessed". (Can anyone tell me what this means, how do I get it assessed.) Please - I can't find this term anywhere or what to do?

 

It also said that any party affected by this order may apply within 7 days of service to have it set aside varied or stayed.

 

Today the solicitor has come back to me sending me a load of documents, saying they overlooked the Client Agreement letter but they did enclose it with a copy of a bill 2 years ago. Total rubbish. The courts, and I have been asking to see a copy of the Client Agreement letter and so have I and they could not comply with any of the Orders for disclosure, yet now their claim has been struck out, they have suddenly printed one off and say they sent it to me 2 years ago. No covering letter, no proof of postage. No follow up to find out why I had never signed and returned it. The fact is I never received or ever saw one.

 

My Question is this if they do apply to have it set aside and their claim reinstated what can I do, can I argue, can I point out that they have just cobbled this together and sent a made up copy now to get their claim reinstated

 

Secondly, my Judgement on the Counterclaim for a sum to be assessed. How can I get a sum assessed to enforce the Judgement. Can anyone give me some help on what this means.

 

Sorry to come back to you all, but with your kind help I got this far, I never thought I would beat this firm of solicitors as they were non stop telling me that they had connections at the Court. I think they have egg on their face now. The Judge was appalled.

 

What are the chances of them applying and being successful in having this set aside. Just want to be ready if possible so I know what to do please. Thank you

 

Thank you so very much So grateful I could never have done this without all your kind help.

Edited June 6, 2014 by tracied123

[Ford]

yes, if ccj is set aside then goes back to the beginning, or as directed. cld also use the non compliance with ct orders, abuse, etc. but wld have the opp before then to object to the set aside accordingly.

civil procedure rule part 47 etc outlines assessment.

[tracied123]

Thank you for your reply.

 

Their original claim has been struck out for failing on two occasions to comply with the Orders and deadlines.

 

Will it be easy for them to get their claim reinstated ? Or will I be able to object ? Thank you

[Ford]

it shouldn't be 'easy', partic given their prior failure to comply with orders and subsequent strikes. they'll have to come up with an acceptable good reason.

did you apply for, and get, summary judgment?

yes, there shld be a hearing, in which you should have the opp to object accordingly.

[tracied123]

No I made an application to the Courts for an application to Request Judgement for my counterclaim Form n225.

 

I also pointed out in a letter that the Claimant has ignored both orders and hasnt filed a single document, and I referred the Judge to their last email "that they stated, they have connections with the Court and do not have to comply with Orders" !

 

Their claim was struck out Wednesday. Then today they sent me a copy of a client care letter they had printed off saying we say we sent this too you 3 years ago. So im hoping they are not going to try and get it reinstated on false documents they have suddenly printed out. The Court order specificall asked them to supply these documents but they ignored the Order. Will it cost them to apply to have the Judgement set aside and the Case reinstated ? Thank you

[silverfox1961]

Hi and welcome to CAG

 

Just my opinion but this solicitor group should be reported to the SRA

 

http://www.sra.org.uk/consumers/problems/report-solicitor.page

 

You do have to follow strict rules but if you have already complained to the solicitor then you can go to the SRA

 

I would wait until you know for certain they haven't applied to set aside this judgement.

[BazzaS]

it shouldn't be 'easy', partic given their prior failure to comply with orders and subsequent strikes. they'll have to come up with an acceptable good reason.

did you apply for, and get, summary judgment?

yes, there shld be a hearing, in which you should have the opp to object accordingly.

 

 

During which you can stress that you, as a mere "litigant in person" complied with the court's directions.

As officers of the court a firm of solicitors can be reasonable expected to know of the courts processes and comply with its directions.

[Andyorch]

Did you state a figure within your Counter claim...what was your loss/counter-claim?

 

Regards

 

Andy

 

Thread moved to General Legal Issues

[Ford]

No I made an application to the Courts for an application to Request Judgement for my counterclaim Form n225.

 

I also pointed out in a letter that the Claimant has ignored both orders and hasnt filed a single document, and I referred the Judge to their last email "that they stated, they have connections with the Court and do not have to comply with Orders" !

 

Their claim was struck out Wednesday. Then today they sent me a copy of a client care letter they had printed off saying we say we sent this too you 3 years ago. So im hoping they are not going to try and get it reinstated on false documents they have suddenly printed out. The Court order specificall asked them to supply these documents but they ignored the Order. Will it cost them to apply to have the Judgement set aside and the Case reinstated ? Thank you

 

was it struck via CPR part 3? note cpr 3.6 and 3.9

and, you got judgment re yr counter claim, with costs to be assessed?

if poss, type up the orders, less any identifiables.