Please help. My company received a Judgement for Claimant (in default) from County court today. We are not sure what to do with it.We booked a stand for wholesale show in December but we have found out that the company could not afford to pay for the stand in January so we requested the cancellation from the show organiser.But the cancellation was refused. We were told that we will be sued if we don't pay for the stand but we didn't have money at the time. we were asked to move to another stand as they could find someone to take our stand instead but we were not allowed to cancel the stand. They told us we could only move to the smaller stand but we couldn't cancel the booking because we had signed their terms&condition and we were told that we are liable to pay either we attend the show or not. So we didn't attend the show because we had no money to pay for the stand. We received email from Debt collection agency and we filled in the form twice asking to split the payment but we have not heard back from them. It was the online form, I'm not sure if we did save 'print screen' of the form after we filled it in or not. Today we received the Judgement for Claimant. In this case, what should we do? We have not received Claim form previously. Should we pay for it or we should fight for it please? please help. And today
Province/Country relating to question : uk
Thanks for your question. Please remember to click ACCEPT once you get my answer.Did you not file a defence?Was there a termination clause in the contract?
We only got Judgement for Claimant. But it's written in the Judgement of Claimant that "You have not replied to the claim form". The Claim form is the form to file a defence? here is what written in Termination Clause12. TERMINATION12.1 Either party shall be entitled to terminate the Agreement in the event that the other: (a) commits a material breach of any of its obligations under the Agreement (which shall include a breach by the Exhibitor of its payment obligations under Condition 3) and (if such breach is remediable) fails to remedy that breach within a period of fourteen (14) days after being notified in writing to do so; (b) goes into liquidation, whether compulsory or voluntary, or if an administrator or receiver is appointed over the whole or any part of its assets or any similar occurrence under any jurisdiction affects it; or (c) ceases or threatens to cease to carry on business or is unable to meet its debts as they fall due. 12.2 In addition the Organiser shall be entitled to terminate the Agreement in the event that the Exhibitor: (a) is or becomes for any reason unable to utilise the stand space; or (b) conducts itself in such a way as to bring itself, the Exhibition or the Organiser into disrepute. 12.3 If this Agreement is terminated by the Organiser in accordance with 12.1 or 12.2 above: (a) the Organiser shall be entitled to re-sell the stand space allocated to the Exhibitor to a third party; (b) all payments made pursuant to Condition 3 by the Exhibitor shall be forfeited; (c) the Emap entitlement upon cancellation set out in the table in Condition 4.1.2 shall apply as if the Exhibitor had cancelled the stand space itself; and (d) any property of the Exhibitor at the Exhibition shall be removed by the Exhibitor immediately, failing which the property shall be removed by the Organiser at the Exhibitor’s expense. 12.4The Organiser reserves the right to exercise a general lien over any or all property of the Exhibitor at the Exhibition in respect of all monies, of whatever nature including in respect of claims for damages, which may at any time be due or payable by the Exhibitor to the Organiser in connection with the Exhibition.
You need to apply on form N244 (available online) with a fee of £80 and ask that Judgment be set aside.You will need to show that you have a realistic prospect of successfully defending the claim.If you booked a stand the contract says that you can cancel and that the show people can re-sell the stand.It does not say you will still be liable.So apply to set Judgment aside. The Court will set the matter down for hearing.If you can show you have SOME defence then it can be set aside. Please remember to click accept or rate my answer so that I am credited for my time. Thank you.
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