application to extend life of claim rejected -what next??

[dan_1207]

Re: application to extend life of claim rejected -what next??

I think then, as StevemLS advises, there is little that can be done. There's little point in making another application as I can't currently think of any other tactic that could be used.

[dan_1207]

Re: application to extend life of claim rejected -what next??

Unless..what kind of debt is it? As the claim is stayed and the court (or at least a judge sitting at that court) wasn't satisfied with the basis of your application, you might wish to consider a statutory demand. This is a little risky, as there's a chance that the defendant would run the "abuse of process" argument, but at least serving a statutory demand has no initial outlay for your company.

What was the actual basis of your final N244, seeking to lift the stay? What was said, exactly, and what did the court's order say, exactly, when they refused the same? Can you upload redacted copies?

[loopdaloo53]

Re: application to extend life of claim rejected -what next??

Hi again, unfortunately I work from home and don't have a scanner to upload copies of the docs.

With regards to the type of debt, I work for a landscaping company - we did work for the gentleman in question, billed him the work, he paid x4 small payments but left the balance of the bill unpaid. I believe the defendants business went in administration, but our claim was against him not the company.

on the N244 form,
Q 3 what order are you asking the court to make and why?
APPLYING TO EXTEND THE LIFE OF THE CLAIM AND LIFT THE STAY. DUE TO CHANGES IN OUR ADMINISRATIVE PERSONNEL, THEREFORE THE PERSON DEALING WITH THE CLAIM HAS CAUSED A DELAY IN HANDLING THE MATTER AFTER LEAVING THE COMPANIES EMPLOYMENT.
Q10 tick box 'the evidence set our in the box below'
AS PER QUESTION 3, CHANGES IN COMPANY PERSONNEL CAUSED A DELAY N MOVING FORWARD WITH PROCEEDINGS, SHE LEFT THE COMPANY MID CLAIM AND THERE WAS A DELAY IN FINDING A REPLACEMENT.

The general directions order reads:
Before Deputy District Judge Roberts sitting at the County Court Business Centre, 4th Floor St Katharines House 21-27 Katharines Street Northampton NN1 2LH.
it is ordered that:
The application is refused; the Claimant having failed to take all reasonable steps to effect service within the extended lift of the claim form.
Note: The order has been made without a hearing under the Courts case management powers contained in the Civil Procedures rule Part3. You may within 7 days of the service of tis order, apply to the Court to set aside or to vary the order under Part 23 rule 10. You must file with the court, and serve on other parties, an application that sets out your reasons for objection.

That's the main text of the forms.

What would a 'statutory demand; involve? And do you think it would work in this case?

Thanks so much

[Kati]

Re: application to extend life of claim rejected -what next??

Hi again, unfortunately I work from home and don't have a scanner to upload copies of the docs.

a photo taken on your mobile phone (with strategically placed scraps of paper) would work if that's do-able?

[stevemLS]

Re: application to extend life of claim rejected -what next??

The reason given for the delay is simply not a good reason so far as the law is concerned.

I work in the NHS and in 2013 we went through the biggest reorganisation since the NHS was created. I became responsible for a new area. The next day there was a hearing over a matter in that area where they had failed to do something. I put the reorganisation to the Judge not as an excuse but as a reason.

She wasn't interested and I got a right tongue lashing and a token wasted costs order - even though no costs had been wasted lol.

They don't like missed deadlines.

As I said some time ago, so far as this claim is concerned, you've missed the boat and I think it is over the horizon.

I don't know about the merits (or otherwise) of a stat demand.

[dan_1207]

Re: application to extend life of claim rejected -what next??

Statutory demands are a difficult area of law to get technically and legally accurate. That point aside for now, you say that the proper Defendant (being a company) is now in administration? If so, have you contacted the administrators?

[loopdaloo53]

Re: application to extend life of claim rejected -what next??

His company did go into administration, but the work was for him personally so the administrators aren't an option im afraid.

Sounds as though we are pretty much out of options, when there was no company administrator the matter did just get left, to our detriment it would seem.

Thank you everyone who has taken the time to post and offer advise, I really do appreciate it

[wales01man]

Re: application to extend life of claim rejected -what next??

Who was invoiced for the work the Company or Him?

[loopdaloo53]

Re: application to extend life of claim rejected -what next??

It was him

[wales01man]

Re: application to extend life of claim rejected -what next??

Others can advise maybe a new claim against him

[loopdaloo53]

Re: application to extend life of claim rejected -what next??

The claim was amended to be against him already :-(
Thanks though

[dan_1207]

Re: application to extend life of claim rejected -what next??

Others can advise maybe a new claim against him

That would amount to an abuse of process and leave OP liable to a costs order if the other side ask for it to be struck out.