Hi there - professional negligence claim

[des8]

The official guidance is very confusing - if he is an unduscharged bankrupt, I can't pursue him.

The Insolvency Act 1986 sec 285 says that the court can call a halt to your action.
para (3) of that section does not prevent you taking action as it refers to those who are already a creditor of the bankrupt in respect of a debt provable in the bankruptcy

Sec 345 & 346 are the follow ups.

I haven't found the bit that says he is untouchable by new claimants!

[jonnyd85]

Will apply for default judgement tomorrow. Are there any pros or cons to asking for installments vs the lump sum?

I think installments might make payment more plausible, but in this case it might be more hassle than it is worth

[des8]

Just complete form.
If you give him more time to pay you may eventually receive something.... but who knows?????

[jonnyd85]

A fair point.

[jonnyd85]

Requested CCJ forvthe whole sum. Figured enforcement will be challenging in any case so may as well make it easy. Once the judgement is issued, I thought I would write with suitable payment details and offer 28 days to pay before moving to enforcement? I assume there has to be some amount of time in order to be reasonable before placing charges on property etc.

[des8]

Unless the court makes an a specific order a judgment debt must be paid with 28 days.
After that you can move to enforcement.
Assuming he doesn't cough up it might be worth obtaining a court order to obtain information.
He would have to attend court to provide information about his means and any other matter that might be relevant to enable you to enforce judgment..

[jonnyd85]

Just to update that I'm still waiting for the judgement to be entered. Not sure how I will be contacted to confirm judgement has been entered, but day 14 is Monday (unless it is working days, in which case it is next Friday!)

[jonnyd85]

des8 - I have obtained judgement in default against the surveyor. It got entered yesterday, so apparently he has now been sent the letter. Is it worth me writing to him to indicate a convenient way of payment? I could phone him, but I don't think that would be wise.

[des8]

No reason not to write requesting payment of the judgment, but viewing his history I doubt you'll have a cheque in the post

[jonnyd85]

des8 - he has made an application to set the judgement aside. It just came in the post with a notice that the proceedings are being transferred.

He says the email about the claim went in his spam folder and he didn't see it. I thought the court served written versions of these?

Anyway - in a way, at least he has engaged with the process. Am not sure what to do next exactly. It doesn't appear to ask me to do anything. Shall I post up redacted versions?

[jonnyd85]

Tried posting but struggling with file size.

[des8]

No worry,
You can oppose the application, but the downside is that if the court thinks you are being unreasonable you might have to pay his costs!

i suspect the email he refers to is the one you sent in Oct?
you sent a letter registered which he signed for, and then a LBA first class with certificate of posting.
he would have been well aware there was a claim pending.
You could write to the court pointing this out and enclosing copies of the relevant documents.

however set aside is granted more often than refused as courts bend over backwards trying to be fair!

[jonnyd85]

Here are the redacted documents- he appears to be saying he didn't get the claim from the court?

The frustration is he ignored my letter before claim and the pre action protocol; then he ignored my letter before action; now he says he didn't get the claim form (though gives the service address as his current address on the n244).

He didn't even bother to contact me to ask for consent and so let me reduce the costs (I read that somewhere, I think?).

Since he's been prosecuted for misrepresentation, I dont know what his reasonable prospect of defence would be, and he hasn't supplied a draft. (Breathes in)

I don't know how to consent at this stage, but if I do, I'm £255 out of pocket because he won't talk to me.

Any likelihood of opposing it successfully, or shall just March on? In which case, am I writing to the court or waiting for a hearing? Many thanks for the endless patience!

[jonnyd85]

des8 - finally got the photos to show up in the post above!

[des8]

Surprised he didn't ask for your consent prior to applying. That has cost him £255 instead of £100!
Well he is supposed to give an indication of his defence, and a WS in support is useful so he may not be successful anyway.

I'd wait and see what directions the court gives