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Claimant Issue - County Court
ChoccyKey
Posts: 13 Forumite
Hello all.
I am hoping someone can help me with this issue.
I am currently in the process of part defending a claim which the claimant has filed through the county courts. The amount is minimal, but unfortunately the claimant has turned out to be some sort of relentless madman.
To cut a long story short I have now sold my business which the claimant is claiming against. Due to the nature of the business I work in, part of the process was to become a partner of the person who bought my business before retiring from the partnership at a later date. The claimant has now found this information.
After chasing the money due to him by email and copying into the emails about 100 people to try and shame me into paying him I have stood my ground and simply not responded. I am quite happy for the claim to be dealt with by the county courts.
Now here is my problem. The claimant has now sent copies of a form showing he is now looking to switch the debt from myself to the person who bought my business (The partnership). Is this something he can do before a judgement has been placed by the county court? Also, in 12 days time I will be retired from the partnership so will have absolutely nothing to do with the business anymore.
I need some clarification on this before I respond because this persons behaviour needs to be dealt with correctly otherwise he will keep doing this to other people.
Any help would be gratefully appreciated.
Choccy
I am hoping someone can help me with this issue.
I am currently in the process of part defending a claim which the claimant has filed through the county courts. The amount is minimal, but unfortunately the claimant has turned out to be some sort of relentless madman.
To cut a long story short I have now sold my business which the claimant is claiming against. Due to the nature of the business I work in, part of the process was to become a partner of the person who bought my business before retiring from the partnership at a later date. The claimant has now found this information.
After chasing the money due to him by email and copying into the emails about 100 people to try and shame me into paying him I have stood my ground and simply not responded. I am quite happy for the claim to be dealt with by the county courts.
Now here is my problem. The claimant has now sent copies of a form showing he is now looking to switch the debt from myself to the person who bought my business (The partnership). Is this something he can do before a judgement has been placed by the county court? Also, in 12 days time I will be retired from the partnership so will have absolutely nothing to do with the business anymore.
I need some clarification on this before I respond because this persons behaviour needs to be dealt with correctly otherwise he will keep doing this to other people.
Any help would be gratefully appreciated.
Choccy
0
Comments
-
Hi
A new claim form would need to be issued to the other person if he wants to start court proceedings against them. A court claim can be made against anyone in theory, whether they are liable or not is another matter.
I suggest taking legal advice regarding your defence. As this is related to a business matter I also recommend contacting Business Debtline.
www.businessdebtline.org
James
@natdebtline
We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
Hi James
Thanks for your quick reply and advice. Much appreciated.
Yes, I was under the assumption that he had to re-start his claim. He has actually used form N244 which again I thought could only be used once judgement has been made. I may be wrong.
The way he has gone about trying to shame me is disgusting and I basically want the courts to understand how he has gone about his business. Simply not professional at all. I cant simply leave it now and I need to follow this through properly.
Choccy0 -
I'm not aware of a process for using the N244 at this stage so that does seem very strange.
James
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0
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