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I am being sued for monies from an agreement which was then

 

Customer Question

I am being sued for monies from an agreement which was then waivered due tot eh state of the business, the claimant has tried twice to recover the monies but failed first through solicitors but it just went away, secand he sent a debt collector but once we shown the waiver and the claimant admitted he signed it he just left. Now the cliament is saying he didnt dign the waiver and has a new solicitor acting for them, have already been to a hearing and been told by the jugde to re-submit my defence l cannot afford a lawyer so l am having to represent my self, can yo assist?

 

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Province/Country relating to question : uk

Submitted: 412 days and 10 hours ago.
Category: UK Bankruptcy Law
Value: £11
Status: CLOSED
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Expert:  UK-Justice replied412 days and 10 hours ago.

Thanks for your question. Please remember to click ACCEPT once you get my answer.

What is the value of the claim?

What is it exactly you need to know?

Customer replied412 days and 10 hours ago.

Value of the claim is £25,000

 

How do l resubmit my defence and what is the best way to proceed, would a no win no fee take this on ?

 

As i have no way of getting leagal help due to cost .

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Expert:  UK-Justice replied412 days and 10 hours ago.

We can not act for you, this is a question and answer service.

You have the claim.

You need to admit or deny each allegation made and if denied say why you deny it,

Their claim should be in numbered paragraphs, so your defence needs to deal with each and every paragraph.

You need to keep it concise and to the point.

For contractual disputes it is unlikely to get no win no fee, I am sorry to say.

Please remember to click accept so that I am credited for my time. Thank you.

Customer replied412 days and 10 hours ago.

The claimant has received CFA funding to sue me, l do have a counter claim case as written in the agreement was that he was responsible for liabilities outstanding and not declared prior to the purchase of the business.

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Expert:  UK-Justice replied412 days and 9 hours ago.

Then that is your defence.

You should answer each allegation as I have said above and attach a copy of the agreement

Please remember to click accept so that I am credited for my time. Thank you.

Customer replied412 days and 9 hours ago.

Sent in unfinshed last mail, if they want to prove that the signiture is false what would be the rot and does the expert have to be independant of both sides.

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Expert:  UK-Justice replied412 days and 8 hours ago.

The court can either appoint a joint expert or each side can have its own.

A joint expert is more common.

Please remember to click accept so that I am credited for my time. Thank you.

Customer replied412 days and 5 hours ago.

with regard to the particulars of claim, they say that "The claimant did transfer all of his interest to the defendants and resigned as a director, the defendants taking up effective control of the business", to this as he did not disclose all of the outstanding liabilities did he actually transfer all of the interests?

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Expert:  UK-Justice replied412 days and 4 hours ago.

Then you have the defence is misrepresentation.

He made false statements that turned out to be wrong.

Please remember to click accept so that I am credited for my time. Thank you.

Customer replied412 days and 4 hours ago.

Can you explain a little more please ......

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Expert:  UK-Justice replied412 days and 4 hours ago.

To be fair you asked for low detail and low urgency and you have yet to accept.

Your initial queation was asking about how do you submit your defence and part 20 claim

I have answered that,

Please remember to click accept so that I am credited for my time. Thank you.

Customer replied412 days and 4 hours ago.

Ok if l accept will you answer me ?

Accepted Answer

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Expert:  UK-Justice replied412 days and 3 hours ago.

I will assist you further.

If you are on the subscription scheme you can click accept after every question.

Please remember to click accept so that I am credited for my time. Thank you.

Expert TypeBarrister
Category: UK Bankruptcy Law
Pos. Feedback: 96.4 %
Accepts: 178
Answered: 4/2/2012

Experience: Called to the Bar in 2007

Ask this Expert a Question >
Customer replied412 days and 3 hours ago.

I have accepted would assist me ?

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Expert:  UK-Justice replied412 days and 3 hours ago.

THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
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