Consent order signed by third party solicitor and client not paid can I sue solicitor

[tifo]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

I am now considering issuing proceedings against the Director who instructed the solicitor to sign the consent order. Is this possible?

The claim would not be for the money again as it was done against the company but that the matter is settled and the Director did not pay as per consent. Or would I need to issue a claim for the whole amount as if the previous claim did not happen?

- - - Updated - - -

If you ignored the lights whose fault is it?

There were no light to see. The auto bollards were switched off to let guests enter.

[Amethyst]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

The situation is that you made a claim against a company and obtained a money judgment against them.

You agreed a consent order with them for payment.

They breached the terms of the consent order.

You attempted to enforce the consent order but failed. ( really no point going over whys and wherefores of that )

They went into liquidation and the liquidators have told you there is nothing left for creditors.


I'm afraid that is the end of the matter.

( so far as the claim against the company )

[tifo]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

Important - please post. Now this is more complex. You're still omitting details! When you're discussing liability details are required. Did you pay to use the car park via a contract, ie did you get a parking ticket? Or was it free parking? How about some details to save asking lots of questions. It sounds like an occupier liability claim under the Occupier Liability Act 1957. Were you invited to this private event, or alternatively was there an implied or actual permission (if not actually invited) by the event's organiser? Was part of that private event a right to use the car park and or if not expressly given, was there an implied right to use the car park? Were you informed of automatic bollards by the event organiser at any point? Was there an alternatively place to park cars or was it generally implied the car park would be the one you chose. What constructive knowledge did you have of the automatic bollards other than entering the car park and the damage already happening. For instance, did you enquire were you would park for the private event, what about other attendees/ visitors, did they intend to use the car park, did they know that there were automatic bollards that if caught out by them could do tremendous damages to especially prestigious cars? It is either the council or the venue organiser who is liable. Unless you tell me more I am not sure where the council has done enough to discharge their liability regardless of what the council has said.

It was a family wedding in Wales, I'm in Lancashire. I didn't know about the bollards or was able to speak with others there, when I got there I was just told to follow the other cars. 3 cars went in before me and as I was entering the automatic bollards raised, going through behind the front driver side wheel and straight up. For some unknown reason just at that moment the security guards had switched them back on.

[tifo]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

The situation is that you made a claim against a company and obtained a money judgment against them.

You agreed a consent order with them for payment.

They breached the terms of the consent order.

You attempted to enforce the consent order but failed. ( really no point going over whys and wherefores of that )

They went into liquidation and the liquidators have told you there is nothing left for creditors.


I'm afraid that is the end of the matter.

( so far as the claim against the company )

Can I not take the Director to court for the payment? He knew or ought to have known that the company was unable to pay my debt yet instructed his solicitor to agree the consent order. Or had no intention of making payment. Its either one or the other and he misled the court and myself.

He'll have to show why payment wasn't made within the 14 days.

[Amethyst]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

Just nudging this for OPenLaw.

If the company Director did not invite you as creditor to a creditor's meeting, or name you as creditor when giving a public statement, under s.98 or 99, of the Insolvency Act 1986 it is potentially a criminal offence and a fine. The defence however is reasonable excuse. Could a reasonable excuse be for a director: 'I believed that my statutory creditors were commercial and not consumers so was not aware? In any event, as it is potentially criminal it will likely be a tort for damages against the Director for actual losses. As Walesman says though, the Director may not be worth suing if he's penniless. The claim is only worth £2000 at best for actual losses. What type of business was it and what was the business supplying you with?

Ref: section 98:
"the case of the winding up of a company registered in England and Wales, the company—(a) shall cause a meeting of its creditors to be summoned for a day not later than the 14th day after the day on which there is to be held the company meeting at which the resolution for voluntary winding up is to be proposed;
(b)shall cause the notices of the creditors' meeting to be sent [F3by post] to the creditors not less than 7 days before the day on which that meeting is to be held;
(c)shall cause notice of the creditors' meeting to be advertised once in the Gazette; and
(d)may cause notice of the meeting to be advertised in such other manner as the directors think fit.]"

Ref section 99: "(2)The statement as to the affairs of the company F1. . . shall show—
(a)particulars of the company’s assets, debts and liabilities;
(b) the names and addresses of the company’s creditors....

[F2(2A)The statement as to the affairs of the company shall be verified by some or all of the directors—
(a)in the case of a winding up of a company registered in England and Wales, by a statement of truth; and
(b)in the case of a winding up of a company registered in Scotland, by affidavit"

[Openlaw15]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

With all due respect to the posters asking about the incident with a car park entry automatic bollards, is this relevant to this thread, as I asked about the claim and consent order and not the accident? This happened in Nov 2012.

A claim against the council for the accident was looked at quiet significantly at the time and no solicitors would take the case on. I would like to raise this issue again but at the moment I do not know what I would now claim from them. Should i open a separate thread for this?

I'll answer what I can but the accident is only relevant if the defendant brings it up or there are any claims from it.

There is a personal injury forum .. perhaps that's the best thread to discuss tort claims.





.

[tifo]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

If the company Director did not invite you as creditor to a creditor's meeting, or name you as creditor when giving a public statement, under s.98 or 99, of the Insolvency Act 1986 it is potentially a criminal offence and a fine. The defence however is reasonable excuse. Could a reasonable excuse be for a director: 'I believed that my statutory creditors were commercial and not consumers so was not aware?

the Director may not be worth suing if he's penniless. The claim is only worth £2000 at best for actual losses.

Ref: section 98:
"the case of the winding up of a company registered in England and Wales, the company—(a) shall cause a meeting of its creditors to be summoned for a day not later than the 14th day after the day on which there is to be held the company meeting at which the resolution for voluntary winding up is to be proposed;

Ref section 99: "(2)The statement as to the affairs of the company F1. . . shall show—
(b) the names and addresses of the company’s creditors....

I'm sure he knew I was a creditor, I held a CCJ against the company which he fought hard to set aside.

If there was a meeting of creditors I would not have been invited as my name and address was not included. Same with statement of affairs of the company.

The Director will have the money, he is not penniless. The people who run these businesses are very well off. I don't know them personally but they are well known in their area and to some friends. This was the reason for some trust in hiring from them, paying them and that they would pay when agreed.

From your above post it seems I may have a possible claim against the Director? The liquidator is not interested in anything to do with the Director, they've told me as much and that they're dealing with the company's liquidation not the director, though I would reply that the director IS the company in one sense.

[tifo]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

Hi, coming back to this thread as the liquidator recently filed a statement of affairs but nothing there in terms of creditor payment ...

However, post 43 is interesting and i've said in post 48 why i was there. Is it worth pursuing this? The hire of the hall included the car park ....

Just for info, I attended a family wedding at the same city hall location in April this year and this time the photographer's car was damaged in the same way as mine by the same bollards. I'm attending another event there soon so fingers crossed .....

It seems many accidents happen in the same place and the council is not bothered as they brush off any claims ....

[tifo]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

Question: were the bollards operating normally, ie why were they raised on your car but not the cars in front? Why were the bollards switched off, ie was this an arrangement between the event organiser and the council, in which case the council has knowledge the bollards need to be off. Was this security staff error? If so, vicarious liability is an alternative claim, ie breach of duty against council or private security firm for the negligence of security services.

The bollards had been switched off so that guests of the groom could enter the car park ... we were such guests as the bride's family.

When my accident, I was told "they" didn't know the bollards had been switched back on, many cars in front of me had gone through .... seems the security staff did this themselves .... later they said "for security" ....

There was also a CCTV pointing to the entrance but the council said no video was available .... so no use having the CCTV then eh .....

It was night, the warning sign for the bollards could not be seen clearly, the green/red light was to the side, not facing the driver. The signage was gold writing on black background ..... Not illuminated.

If I can, i'll upload some images later.

[nemesis45]

Re: Consent order signed by third party solicitor and client not paid can I sue solic

Tifo " Openlaw is no longer active on this forum.

nem