Tweet
Hello everyone! I'll try and keep this brief so excuse the bullet points - was looking for some
* I'm the Director of a Ltd company
* We made a claim against a decent sized company (£m's in the bank) via a solicitor - we submitted loads of evidence, emails, terms of business, phone calls. We also emailed them with an opportunity to resolve the issue by explaining their position and were potentially happy to come to an amicable resolution if they explained their understanding of the situation, or bring forward information that we may not have been privy to.
* They defendant company only responded (aggressively) to our initial letter/email, an email stating that they will file a counter-claim and the Director told my solicitor to F-off on the phone about 5 months ago in response to our invoice and letter before claim.
* They ignored all other correspondence, in the mean time we recently obtained a default judgement - the CCJ is showing up on the registry
* Next step is to instruct High Court collections if we do not hear from them
Their silence is making me nervous/anxious - so I guess my questions are:
1 - What could they be playing at? In terms of "tactics" - Surely letting it get this far is a terrible idea in terms of their business, credit rating, reputation etc?
2 - They initially responded that they had a strong defence. Surely if their defence was so strong they would have responded by now to nip it in the bud?
3 - Do they still have a chance to set aside/ defend the claim or generally be obstructive, even though the default judgement has been passed? I would have thought the court would look at their conduct poorly (Refusal to clarify their position, aggressive approach, non communication etc)
4 - We know that they filed their accounts very recently - would this be helpful to negate any circumstances of "we did not receive any of your letters/Director was out of the country"
Ultimately, I guess what I am looking to figure out is what are my chances of getting the cash!
Any help, advice or anecdotes would be amazing - not looking for ultimate answers or magic solutions. Just more of an idea of where we stand as the defendant's non response is really confusing and disorientating!
HankAaron
* I'm the Director of a Ltd company
* We made a claim against a decent sized company (£m's in the bank) via a solicitor - we submitted loads of evidence, emails, terms of business, phone calls. We also emailed them with an opportunity to resolve the issue by explaining their position and were potentially happy to come to an amicable resolution if they explained their understanding of the situation, or bring forward information that we may not have been privy to.
* They defendant company only responded (aggressively) to our initial letter/email, an email stating that they will file a counter-claim and the Director told my solicitor to F-off on the phone about 5 months ago in response to our invoice and letter before claim.
* They ignored all other correspondence, in the mean time we recently obtained a default judgement - the CCJ is showing up on the registry
* Next step is to instruct High Court collections if we do not hear from them
Their silence is making me nervous/anxious - so I guess my questions are:
1 - What could they be playing at? In terms of "tactics" - Surely letting it get this far is a terrible idea in terms of their business, credit rating, reputation etc?
2 - They initially responded that they had a strong defence. Surely if their defence was so strong they would have responded by now to nip it in the bud?
3 - Do they still have a chance to set aside/ defend the claim or generally be obstructive, even though the default judgement has been passed? I would have thought the court would look at their conduct poorly (Refusal to clarify their position, aggressive approach, non communication etc)
4 - We know that they filed their accounts very recently - would this be helpful to negate any circumstances of "we did not receive any of your letters/Director was out of the country"
Ultimately, I guess what I am looking to figure out is what are my chances of getting the cash!
Any help, advice or anecdotes would be amazing - not looking for ultimate answers or magic solutions. Just more of an idea of where we stand as the defendant's non response is really confusing and disorientating!
HankAaron
Comment