Urgent advice request - application hearing tomorrow

[Antrc]

I hope you don't mind if I post this here, I urgently need guidance.

Last year I had a nasty accident and as a self employed yoga teacher was out of action for a while. I was covered by insurance and arranged a settlement payment but the insurer then only made a payment of a third despite that arrangement. I took them to Court for the rest and won by default as they did not contest.

I waited a month and then contacted them. I told them my car was now out of commission and the money was needed to get it fixed so I could visit my clients around the country. It would not have made sense financially to travel by train.

After another month I warned them I would be holding them responsible for my lost earnings and they still needed a further month after that to pay. I was out of pocket by one and a half grand.

I took legal action again, warninng in the particulars of claim that payment was needed immediately for further vehicle repairs or another claim would be started for a further £1000.

Agaon it went uncontested and I won be default. I emailed the legal representative who orognally made the payment of my first claim and asked them how they proposed to make payment, and told them the money would be needed in a fortnight's time or the work I had lkned up would be passed on and ANOTHER claim would be starrted.

After this fortnight, I emailed them 23 times and called over 100 times. I was ignored every single time.

I passed on tbe work, at a cost of anotber grand to me.

I then received the payment, put of the lie, after requesting a warrant against them, and 35 days after winning by default.

I am now taking g them to court again. For the latest lost earnings.

They have made an application for strike out which is being heard tomorrow. I was told by the Court I could attend by telephone as I am not in my home town and to contact the Defendants solicitor to ask their permission.

All week I have called them and been fobbed off. They won't even give me a name.

The companies who would arrange the telephone hearings have also told me they can only speak to a company to arrange them, not an individual.

The Defendants have just sent me their costs which are three grand!!!

I am really worried. I am waiting to hear back from tbe Court and the hearing is 2pm tomorrow.

Please advise me your thoughts??? I feel completely out of my depth and harassed. I thought we would just have a trial? Their application mentions nothing of the above messing around, my warnings, and basically states that the Defendant accidentally let the two defaults occur, and I am only entitled to interest on the late second payment.

Help!!!

[Antrc]

Anyone?

[des8]

I don't see you have any choice but to turn up at court and oppose the application.

[Antrc]

des8 what would be my case?

[des8]

On what basis are they applying for strike out? presumably on basis your statement of case discloses no reasonable grounds for bringing the claim

Have you submitted a witness statement?
Have you prepared arguments to show your claim has real prospects of succeeding.?

[Antrc]

des8 Yes. No recognisable cause of action.

Further, there is no breach of contract for paying the Judgement late, which would allow me to claim for consequential loss.

I apparently "cannot succeed in tort" either.

"All a late payment carries in punishment is interest, but I am not even entitled to that as the claim is less than 5K."

Also asks for a civil restraining order.

I would argue the following - the two month overdue payment of the first Judgement and then my warning in the POC for the second claim that a payment was needed promptly or a third claim would follow, and all subsequent emails and calls for three weeks, ALL ignored, as well as the late payment of the second claim, all amount to unfair conduct by the Defendant.

I was within my rights to rely on prompt payment by them. Ignoring 130-odd attempts to find out what the hell was going on led me to reasonably believe no payment was going to be forthcoming and my subsequent costs were forseeable by them, especially as my first and second claim were directly because of late payment by the Defendant.

In short, they were idiots to think that ignoring me and not even having the courtesy to drop me one email or call to tell me payment was being made would be okay.

[Antrc]

Hello and good morning. Really hope someone can help me clarify my legal basis as per my last post?

[ploddertom]

Begs the question why if you had Judgment you never went for enforcement?

[Antrc]

I did, warrant was issued then they paid.

[pt2537]

I hope you don't mind if I post this here, I urgently need guidance.

Last year I had a nasty accident and as a self employed yoga teacher was out of action for a while. I was covered by insurance and arranged a settlement payment but the insurer then only made a payment of a third despite that arrangement. I took them to Court for the rest and won by default as they did not contest.

I waited a month and then contacted them. I told them my car was now out of commission and the money was needed to get it fixed so I could visit my clients around the country. It would not have made sense financially to travel by train.

After another month I warned them I would be holding them responsible for my lost earnings and they still needed a further month after that to pay. I was out of pocket by one and a half grand.

I took legal action again, warninng in the particulars of claim that payment was needed immediately for further vehicle repairs or another claim would be started for a further £1000.

Agaon it went uncontested and I won be default. I emailed the legal representative who orognally made the payment of my first claim and asked them how they proposed to make payment, and told them the money would be needed in a fortnight's time or the work I had lkned up would be passed on and ANOTHER claim would be starrted.

After this fortnight, I emailed them 23 times and called over 100 times. I was ignored every single time.

I passed on tbe work, at a cost of anotber grand to me.

I then received the payment, put of the lie, after requesting a warrant against them, and 35 days after winning by default.

I am now taking g them to court again. For the latest lost earnings.

They have made an application for strike out which is being heard tomorrow. I was told by the Court I could attend by telephone as I am not in my home town and to contact the Defendants solicitor to ask their permission.

All week I have called them and been fobbed off. They won't even give me a name.

The companies who would arrange the telephone hearings have also told me they can only speak to a company to arrange them, not an individual.

The Defendants have just sent me their costs which are three grand!!!

I am really worried. I am waiting to hear back from tbe Court and the hearing is 2pm tomorrow.

Please advise me your thoughts??? I feel completely out of my depth and harassed. I thought we would just have a trial? Their application mentions nothing of the above messing around, my warnings, and basically states that the Defendant accidentally let the two defaults occur, and I am only entitled to interest on the late second payment.

Help!!!

their failure to pay should be subject to enforcement, you cannot issue a new claim because you couldlt afford to get your car fixed im afraid, that is a matter for you, the fact you appear to have sued on an apparently unactionable claim could result in you being ordered to pay costs if you lose.

It is obviously tricky to advise when we only have 1/3 of the full story, but my gut feeling is youre facing some difficulties here

[Antrc]

des8 do you concur with the above?

I would have said that my repeated warnings about payment being needed and their ignorance of said warnings changes this in my favour?

[pt2537]

des8 do you concur with the above?

I would have said that my repeated warnings about payment being needed and their ignorance of said warnings changes this in my favour?

on what basis do you think you can claim from the Defendant, who failed to comply with a court order, for the fact that you couldnt repair your vehicle? In all my time in law, over the last 15 years including uni, i have never come across anything which suggests you can.

If you are claiming in Tort, how do you get over the duty of care point? breach of duty? Forseeability? you fall at any of the hurdles your claim fails.

[pt2537]

i would add to the above comment that while i do sympathise with you that the failure to pay on time has left you with difficulties, and you have lost work too, i cant see how you would be able to go after then in contract or tort, unless of course you settled the case on a tomlin order, then you may have breach of contract and losses that flow from that breach

[Antrc]

on what basis do you think you can claim from the Defendant, who failed to comply with a court order, for the fact that you couldnt repair your vehicle? In all my time in law, over the last 15 years including uni, i have never come across anything which suggests you can.

If you are claiming in Tort, how do you get over the duty of care point? breach of duty? Forseeability? you fall at any of the hurdles your claim fails.

I did tell them what would happen so it was forseeable to them.

I would also argue that they had a duty of care to me to at least correspond if payment was to be late. As it was they paid this three weeks after the 14 days and I think it was entirely reasonable I should have assumed that payment would not be forthcoming and that I needed to lose work by passing it to someone who could do it.

[wales01man]

Paul may be right or maybe wrong problem here is what side the Judge takes hope you win though either way please return with outcome will be a lesson for others in the same situation