**WON** General Form of Judgement or Order

[LittleElf]

efpom Yes that’s him the same person!! Oh wow!

So were does this leave me then? I send them that email they will not be able to provide me with the warrant of control obviously but they want to settle out of court so do I just let it go to the set aside hearing in March then?

[ploddertom]

efpom

I send them that email they will not be able to provide me with the warrant of control

I don't understand this?

[efpom]

Await an offer of settlement from the defendant, if any.

[LittleElf]

ploddertom They should be able to
provide a warranty of authority claims arise in circumstances where a solicitor is alleged to have incorrectly represented that he has authority to act on behalf of a particular client and induces a third party to act in a manner in which he would not have acted had the representation not been made.

sorry I put control instead of authority

[ploddertom]

For me one of the mistakes you made was to forewarn them of a visit by an HCEO - in practice they have to send them a letter anyway. I certainly wouldn't use the company you mentioned there are much better ones.

[LittleElf]

ploddertom ahhh really? Okay thanks for that I wont do. To be honest I want it all over its been a year of stress that had made me ill.

[ploddertom]

Hindsight is a wonderful thing & yes I agree that if you know nothing at the outset it is always going to be a struggle. At least you are slowly getting there - just don't let them grind you down. Remember you have the CCJ against them and it is up to them to try and overturn it.

[LittleElf]

This is the response I have received after my email reply to them.

I have tried multiple times to enter into mediation with the Defendants and their legal agents and the legal agents didn’t even bother to respond.

I don’t understand this correspondence saying they hope I would enter into meditation as some form of settlement. They all of a sudden want to enter into mediation.

Also, could anyone explain what they mean by entering into settlement is a separate issue to the ongoing litigation?

[LittleElf]

efpom any idea what this means? That it is separate to the ongoing litigation? They keep stating about an offer but have not give me any figure

[efpom]

If I was in your shoes, I would make no reply to the document your received .- post #68. You have no obligation to do so and you now know that the 'agent' is not a solicitor firm and is not any form of lay representative of your opponent - a litigant in person.

I do suggest you post up the order of the court that scheduled the hearing of 23rd March.

[LittleElf]

efpom

[LittleElf]

I am just trying to prepare for this set aside hearing on Friday as the Defendant has not come forward with any offer of settlement.

Do I state at the hearing that the Defendant has tried to offer me an out of Court settlement? Also within their application they did not satisfy the 3 points of the CPR 39.3 (c) has a reasonable prospect pf success at trial. The Defendant has not states this within their application.

[LittleElf]

efpom Could you please advise on the above? Im worried a bit about tomorrow. This will be the 3rd hearing I’ve had to take time off work for

[efpom]

As no settlement was offered, there is no point in mentioning it.
You should draw the court's attention to 39.3(5).
Do not forget to make an application for your costs i.e. preparation @£19.00 per hour, say 5 hours + lost wages, of applicable.

Good luck!

[LittleElf]

@epfom I will make an application for my costs. Should I not mention that the Defendants agents have tried to attempt mediation/asked to settle ahead of the Court hearing that not look like they have asked to, but didn't do so, so essentially wasting time again.