After mediation - not paying me.

Equaliser123

I should also say that I don't think summary judgment would be an appropriate procedure for reneging on a mediation settlement as such breach would be a separate claim. The application for summary judgment would relate to the original claim.

bni

Sorry, you are right - I applied for a judgment in default.

harry112

But have I done the right thing by applying for a summary judgement seeing that the defendant has not paid despite the agreement in mediation? The mediator also advised me to do this.

I filed the summary judgement on the 10th Feb. Should I contact the court or wait a little longer?

I did not issue a copy of the summary judgement to the defendant thinking that the courts will do this. Am I correct?

Also, I initially had a solictor, however things have changed and I filed the summary judgement myself. I wrote my own address at the bottom of the summary judgement, in the section that states to put down the address for all corespondance relating to the summary judgement. Will this be a problem?

Equaliser123

harry112 wrote: »

But have I done the right thing by applying for a summary judgement seeing that the defendant has not paid despite the agreement in mediation? The mediator also advised me to do this.

I filed the summary judgement on the 10th Feb. Should I contact the court or wait a little longer?

I did not issue a copy of the summary judgement to the defendant thinking that the courts will do this. Am I correct?

Also, I initially had a solictor, however things have changed and I filed the summary judgement myself. I wrote my own address at the bottom of the summary judgement, in the section that states to put down the address for all corespondance relating to the summary judgement. Will this be a problem?

No, in my opinion you haven't done the right thing.

Also, the solicitor you used may well be on the record at the Court. They should notify the Court if they are no longer acting for you.

harry112

Hi

I phoned the courts regarding the summary judgement and I was told that a hearing has been set for next month and that a letter was sent to my solicitor. I told them that I completed the summary judgement and entered my address as the address that correspondance should be sent to. They said that because I have a solicitor then it was sent to him instead.

The problem here is that I am not going along with my solicitor and will be acting on my own behalf. I have filed a change of solicitor request but have only just did this today.

What will I need to do now before the hearing date? What can I expect at the hearing? I have not seen the hearing letter that has been sent to my ex solicitor. Do I need to obtain this letter? Does it contain information on what I need to do next?

Thanks in advance...

harry112

Hi guys

Just though I'd keep anyone who was interested updated.

The hearing lasted 5 minutes. The defendent did not show. I was awarded judgement and defendent has 2 weeks to pay. Excellent outcome however just a little disappointed as I sat up all night printing out all the evidence!

I have doubts as to whether they will actually pay. They are a reputable and thriving company within the Social Care sector so they can afford it without doubt.

What options do I have if they fail to pay in two weeks?

paddyrg

You can petition for them to be wound up? That'll get their attention!

Don't forget they now also owe you for court costs.

harry112

paddyrg wrote: »

You can petition for them to be wound up? That'll get their attention!

Don't forget they now also owe you for court costs.

Yes court fees have already been included.

harry112

Hi

Just thought I'd provide an update regarding this situation.

I received judgement and payment was still not paid. I then contacted the bailiffs who directed me to the High Enforcement Officers due to the amount of the claim.

I now have Marston Group involved. They visited the premisis but it appeared that the business has closed down. I gave further addresses of other offices in which the officers were able to walk straight in. However, they do not have goods which are worth reselling. The defendant has put in a notice of dissolution intent but after contacting Companies House I have been advised to keep checking the status of the company and notify Companies House when the defendants status has changed. Companies House will then block the defendants appeal to dissolve their company because of the funds I am owed.

This is rather strange because the defendant does not have any history of debt at all.

I would appreciate any input from you guys...

Thanks

Premier_2

harry112 wrote: »

Hi

Just thought I'd provide an update regarding this situation.

I received judgement and payment was still not paid. I then contacted the bailiffs who directed me to the High Enforcement Officers due to the amount of the claim.

I now have Marston Group involved. They visited the premisis but it appeared that the business has closed down. I gave further addresses of other offices in which the officers were able to walk straight in. However, they do not have goods which are worth reselling. The defendant has put in a notice of dissolution intent but after contacting Companies House I have been advised to keep checking the status of the company and notify Companies House when the defendants status has changed. Companies House will then block the defendants appeal to dissolve their company because of the funds I am owed.

This is rather strange because the defendant does not have any history of debt at all.

I would appreciate any input from you guys...

Thanks

Oh dear.

The very first thing you should have done before even starting any legal proceedings over debt recovery was to establish that the debtor had the means to pay.
The debtor may not have any history of debt, but may also have no money.
Companies House simply tells you if the company still exists. If it's gone, you are chasing a non-entity, but even if it exists, it does not mean it has any assets. (but the accounts may help you ...if you wish to spend even more money getting them)

You can't get blood out of a stone, so unless you know the debtor has money or other assets, I fear you have learnt a very expensive lesson.
(If you do have proof the debtor has assets, tell the bailiff)