Solicitor help
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After advice as to whether to continue a claim against a non payer which has been dormant for a year. Defendant wriggled very well and changed company names a few times dragging things out. The Judge ruled in my favour and gave me consent to edit claimant details and re-serve the claim via their accountants. I sent paperwork to County Court (in error) and it sat around unprocessed. They suggested i get advice as the time has lapsed.
Edited by EdT on Saturday 31st August 11:03
If the time given by the court for serving the defendant has expired, you will have to apply for an extension of that time, provoding good reasons for the delay.
You must make a judgment as to whether the claim is worth pursuing, given that the defendant is evasive. Is the amount worth the hassle?
You must make a judgment as to whether the claim is worth pursuing, given that the defendant is evasive. Is the amount worth the hassle?
Amateurish said:
Changng company names shouldn't make a difference since a claim is mae against a specific legal entity (identified by its company reg number). A change in company name has no effect on the identity of that particular legal entity.
Agreed.. but I had to go through the legal system to update the claim each time.Breadvan72 said:
If the time given by the court for serving the defendant has expired, you will have to apply for an extension of that time, provoding good reasons for the delay.
You must make a judgment as to whether the claim is worth pursuing, given that the defendant is evasive. Is the amount worth the hassle?
It's certainly not a tiny amount.. was for about 20 days work. Depends on the level of hassle.You must make a judgment as to whether the claim is worth pursuing, given that the defendant is evasive. Is the amount worth the hassle?
Imagine I'll have a better idea when I apply for an extension.. if they accept my reasons for the delay are valid of course. Will there by a fee to extend?
EdT said:
After advice as to whether to continue a claim against a non payer which has been dormant for a year. Defendant wriggled very well and changed company names a few times dragging things out. The Judge ruled in my favour and gave me consent to edit claimant details and re-serve the claim via their accountants. I sent paperwork to County Court (in error) and it sat around unprocessed. They suggested i get advice as the time has lapsed.
]
EDt-how much money are you dalking about?]
Do you have a current judgement on the persons current company?
Do you have their bank details at all?
Initially was around £3300. It crept up with some interest but not recalculated it for over a year. Yes.. Have the judgement on his company's name. No back details or address.. Judgement allowed me to amend defendant details and re serve it at his accountant's address.
Saying that i must call the accountant and double check they still handle his accounts and that he hasn't changed names again.
Saying that i must call the accountant and double check they still handle his accounts and that he hasn't changed names again.
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