Limitation time frame...and another matter

[yellowplum]

I am bringing a claim for damages against a firm that they breached an agreement and sold products that retention of title existed on.

I issued the claim with particulars to follow, however the court today has returned the claim to me on two issues.

1. It is not possible to issue a claim in USD.

2. That I cannot issue the claim in my name t/a and claim fee remission because that would mean I am self employed.

My response to each point would be...

1. The claim has to be issued in USD since the original sales price was in USD but the contract was governed and construed with English Law and you have to bring an action in an English Court.

2. I issued (using the same could) a claim last year in the same way as I assigned two bad debts to myself. I don't see the issue in issuing this way...

Can someone please clarify those two points and also the third point below;

3. That is when the limitation act clock starts ticking...is it when the company goes into administration or when the company is declared bankrupt?

[mikejclark]

Re: Limitation time frame...and another matter

Hi,

1. I would use a currency convertor to change the USD into Pounds. Let the defendant argue that it not accurate. (Be prepared to evidence how you calculated the exchange rate).
2. Not really sure what you are saying in this question.

3. Limitation for bringing a claim in contract law is (rule of thumb) six years from breach of contract.

Can you clarify the t/a party, who contracted with the defendant and what company are you referring to?

Also

[yellowplum]

Re: Limitation time frame...and another matter

I have been told that I can't issue in USD ever though the original contract was formed in USD, and the claim has been issued in sterling.

Point two was an issue regarding allowing me to issue the claim as I should have done but they didn't. I relates to the fact that the original debts belonged to 'Company A' these where then assigned (via a deed of assignment) to 'Company B' and subsequently to myself. Which means I can chase these debts. The issue is that I issued the summons as myself t/a 'X' but they didn't accept it for me to also use an EX160.

Limitation:- I am aware that it is 6 years, but I wanted to clarify when the 6 years actually starts/ends. Is it when a company goes bankrupt or when it is placed into administration?

The original debtor went into administration by a court order on the 11 July 2005, but was not declared bankrupt until 8 August 2008.

All the gods the debtor had belonged to me/company a/b at the time because the contract had a retention title on the goods, the goods where sold by the administrator even though we had a retention which is what we are arguing that we want payment for. Leaving this legal argument asside the question I really want clarity on is when the clock starts on limitation. Is it from the administration date in 2005 or the date in 2008?

[mikejclark]

Re: Limitation time frame...and another matter

Has the debtor been liquidated then? If so you will have a hard time enforcing any Judgment that you might get.

Also did you, or the previous companies that had the benefit of the debt, register as a debtor with the administrator?

Did you buy the debt and when did you aquire it?

[yellowplum]

Re: Limitation time frame...and another matter

The summons is not against the debtor it is against the administrator. I am only suing for the stock they sold to someone else while they where administrator that they should have given back to us because I had retention title on those goods.

The debt was registered with them from day one and they acknowledged it in the 200 page document they sent through to me. I am not claiming anything that was lost of monetary value, purely the financial cost of the stock that I had maintained retention on.

The debt wasn't purchased, it was assigned through a deed of assignment, no monetary value changed hands.