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CCJ - abuse of process

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  • CCJ - abuse of process

    I don't know what else to do so I turn to this forum! If anyone knows anything about the below, then I would be infinitely grateful as my brain and body cannot take much more.

    I used to do contract work via my ltd company, but stopped trading and put the company dormant. It's been that way for a couple of years while I try to finish my PhD.

    Last Monday, I received a strange email from my registered office provider stating that they were cancelling my account due to a "complaint" regarding a visit from named "High Court Enforcement". I immediately replied and got no response. I googled the name of the company and found a nationwide company of solicitors and debt collectors. Emailed, no response, so I phoned and got through to someone. Gave the company name and they said they were just enforcement, they couldn't discuss it and gave me the details of a reference number. I immediately phoned and the receptionist told me the name of the person dealing with it and put me through, but it went to voicemail. I sent several emails to their info address and tried three times that day. By the way, I'm out of the country and on a time difference. Same thing the next day. So I asked the receptionist to put me through to the person running the email address. Also voicemail. However he replied to my email and copied in the other person that wasn't answering.

    Eventually the guy replied saying a ccj had been issued in September. They had sent the documentation to the registered office. However I found it strange, because in support he attached an email - so they had my email address the whole time (?!).

    Because the company is dormant and the provider only processes statutory mail and sends any "business" letters back to sender, I've now confirmed the letters would (likely) have been returned to sender (I can only see something was returned, I can't see what it is).

    Anyway, this email chain purported to be about 750 - however in the meantime the first company had mentioned a large plc I had absolutely no recollection of dealing with. Checked my files, nothing. Emailed them asking what they had to do with anything and what was going on. By the way, this plc is the parent company of the claimant.

    By this point it was Wednesday and I'd spent time trying to get legal advice (impossible - too expensive), however none told me anything different to my research, which suggested I needed to do an n244 and set aside.

    In the meantime I found out it's some sort of business court in Northampton and they basically allow people to file claims with no info; and big companies get reduced fees to bulk file claims. I phoned the court and they said it's a company so I have to pay the 255 to file it. The next day I phoned back and they said actually, because there was a writ, it would only be 14 pounds to file and I needed to ask to stay the writ and set aside.

    In the meantime, I asked the claimant would they consent in light of the circumstances. He suggested it would likely be resolved and he was waiting to hear back from the client.

    At this point I still thought the fee was 255 and that consent would do it for 100.

    On Thursday they told me I would hear back from them on Friday. They never replied.

    I began working on the n244 anyway, wrote a massive witness statement explaining every detail of events, that I acted quickly, that I don't even have any assets except for a laptop with a broken screen, that the pandemic would surely negate this type of attempt to visit or write to offices and that they appeared to have an email address for me the whole time.

    When Monday arrived, the dreaded email arrived. In fact the claimant was saying no, they would not cooperate and tough luck. Luckily I was already prepared to file. Spent hours on hold to court phones, paid the fee, followed court instructions that basically sent it to the wrong address. They specifically told me not to tick any boxes, I wanted to tick "without a hearing" because I am abroad, but they told me not to.

    By the end of the day, they told me it had been transferred to a court in Croydon for a hearing. I urgently amended the N244 after another hour on the helpline and resubmitted. Tomorrow I will know if they have processed it.

    In the meantime, the plot thickens. It seems the delay was for them to basically fabricate an invoice, dated February, with the plc parent company when I have never had any contract with them. They included an address they knew I wasn't at and I'd already explained earlier in the week that the address doesn't exist.

    In my witness statement, I've already set out that the behaviour is disproportionate, that they were pretending to cooperate and that I've tried my best to get consent, that it seems to be a parent company masquerading as a ltd company and the parties can't be on equal footing.

    I've gone over and over the rules and really feel that they should have done due diligence. E.g. they are turning up somewhere they know I could not be, they know I never received the documentation. It bizarrely seems like some sort of vendetta I've never seen before.

    My question is really for any general comments on the above, but also - surely this is abuse of process within the rules? The particulars are really vague, they've just created an invoice without my consent when they know the company is dormant, they are a plc using multiple companies and I'm a dormant microentity that hasn't even traded for a couple of years. All of it is publicly available.

    I intend to defend because there is no contract. But I would also happily probably settle if they were at least being reasonable. I'm honestly not sure I owe it, but the whole process seems like a runaway train and they obviously know what they are doing.

    I've submitted complaints to each of the companies about the behaviour, the invoices and the pandemic.

    Is it possible to make a strike out application on top of what I've submitted? Would it switch from being just 14 to 255 now, or do I still have time to do it?

    Is it via an n244 and if so, is it recommended I do it? I feel I'm being harassed and bullied. They know I've had no fair chance to even respond and have acted as quickly as I could.

    Anyone with any ideas? End of my tether now.

    Thanks so much if anyone is generous enough to give me any kind of info about this.



    Tags: None

  • #2
    If your company is dormant how did it acquire a debt in the first place unless it was trading whilst dormant, how old is the debt? Do you acknowledge the debt or is it all a mystery? Does your dormant company have any assets?

    Comment


    • #3
      Gosh, thanks for the fast reply. Nothing has happened at all in the last couple of years. I couldn't find anything in my files except for a direct debit form (with no info and no amount). But no payments were ever made and there is no contract. The estimate is that it's from 2018 from the limited info I have. No assets except for this smashed screen laptop... Which I've got with me. From what I understand they aren't allowed to take work equipment (except, I'm dormant). I can't acknowledge what I don't know... Basically I had smashed ribs and something that probably was an earlier version of covid because I had pleurisy and all these infections. After that I sort of decided to work on my PhD. I used to get all correspondence scanned and I've checked through 2019-2020 (as well as before). Nothing. Thing is, as a contractor, it's not like I had suppliers. It was just me providing services direct to companies and I've had the same accountant for years. The only thing it could be is something like a training module maybe (?). I'm really not being deliberately vague because I can only remember trying to breathe in 2018 and then moving house and my PhD which was part time driving me insane, so I decided to work on it full time.

      Thanks so much for the response.

      Comment


      • #4
        By the way, the direct debit form was totally blank...

        Comment


        • #5
          So what you're saying is there is a county court judgement and a high court writ against a dormant company with no assets and no trading address and you're worried?
          Last edited by EnglandPi; 2nd March 2021, 22:43:PM.

          Comment


          • #6
            Of course I'm worried.... Shouldn't I be? Basically I have a duty to act in the best interests of the company. I'm trying to get it wiped. I would never have any debt or borrow money on the company. But it's really bad, isn't it?

            Comment


            • #7
              I mean, that was my whole argument on the witness statement (e.g... it's got no assets and there's no money). But surely that means this is them on a frolic... Isn't it abuse of process? Never had anything like this before and in some ways thank God it's the company. But not really, as this is horrific?! Your comment made me laugh, though, thanks.

              Comment


              • #8
                How is it abuse of process? If the alleged debt exists the creditor has every right to pursue you (your company) for payment by whatever legal means at his disposal. Not carrying out due diligence prior to issuing proceedings is his choice. I appreciate you want to fulfil your obligations as a director but at the end of the day it is going to cost you a lot more money defending this than it would be to liquidate the dormant company and start fresh.

                Comment


                • #9
                  Harassing people and needlessly abusing the court system in contravention of the "overriding objective" - plc v a micro entity etc. Then fabricating invoices from Feb 2021 with the parent company plc (not the claimant) when they already know it's dormant. Sending stuff where they know I won't be... Stuff like that... It's all highly unethical behaviour for lawyers, is it not? To be honest I don't even know if I will trade again. I'll probably just get a PAYE job...

                  Comment


                  • #10
                    Originally posted by Jules2021 View Post
                    Harassing people and needlessly abusing the court system in contravention of the "overriding objective" - plc v a micro entity etc. Then fabricating invoices from Feb 2021 with the parent company plc (not the claimant) when they already know it's dormant. Sending stuff where they know I won't be... Stuff like that... It's all highly unethical behaviour for lawyers, is it not?
                    All the above is a matter of opinion and therefore open to interpretation so maybe you should have your day in court. Please let us know how you get on and how much it has ultimately cost you.

                    Comment


                    • #11
                      My honest observation is it's just a complete racket. I think I've worked out why they are trying to say 750. So they can push to liquidate companies when they don't get what they want... I feel like it's all stacked against any defendant.

                      That's interesting, thanks, I'm going to ask them why it's 756. I thought it was a strange number...

                      Thanks again.

                      Comment

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