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Ben Jones
Ben Jones, Solicitor
Category: UK Bankruptcy Law
Satisfied Customers: 39017
Experience:  Solicitor with UK Bankruptcy and Insolvency Law experience
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I have made a county court claim for unpaid commission in respect

Resolved Question:

I have made a county court claim for unpaid commission in respect of a number of PPI claims/cases I have submitted as an introducer to a PPI claims management company.
I sent a full schedule/list to the defendant of all the claims submitted by me, along with a request that they should confirm that my records matched theirs, or detail any discrepancies.
The defendant’s defence does not comment upon how many claims I submitted one way or the other (he just says he does not owe me any more commission) and he has not responded to my request for further and better particulars.
In my claim I stated how many cases had been submitted and how many I had been paid upon etc.
Without any response or information from the defendant - the question of how much work I did that remains unpaid for ‘hangs in the air’ – but is fundamental to my claim.
In the absence of any input from the defendant - can I ask the district judge to start by accepting – or ‘finding’ - that my figures are correct?
So that we can move on from that ‘line in the sand’.
Submitted: 1 year ago.
Category: UK Bankruptcy Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Assuming that the respondent has in some way responded to the claim and is actually defending it, rather than ignoring it, it is unlikely that the court will automatically agree with you and simply take on your side of the story.

What is likely to happen is that they will consider your claim and the defence that has been received, together with any further evidence, such as documents provided by both parties and any witness statements that you will eventually be required to submit.

If this then goes on to a hearing, you will both have the opportunity to provide oral evidence as well to back up what you have argued to date. Only then will the court be in a position to make a formal decision and decide who is in the right.
Customer: replied 1 year ago.

Thanks for your help Ben.


Sorry, I did not make myself clear.


This is a £4,800 small claim now to be heard.


 


I made my claim


He submitted a defence - saying only he did not owe me money because the agreement had ended - WITHOUT ANY explanation why or evidence of the agreement having ended etc.


 


I sent him a request for further information and evidence of what he was saying.


 


He has ignored that, and not replied.


 


We now go before the district judge in a situation where I have provided a file of evidence of my claim, and he has provided next to nothing in support of his defence.


 


I want to know how to ask the district judge at the outset to find that his silence means his defence if of words only, and therefore is no real defence, whereas he could have brought along evidence in support of his defence - but has failed to do so when asked.


 


Or, do I just leave the district judge to work it out for him/her self (I have no idea how these things work - but presume I will be asked to speak on behalf of my claim - so am wondering what to say - other than to repeat everything I have already said highlighted by my file of evidence).


 


 


 


 

Expert:  Ben Jones replied 1 year ago.
If this is going before a judge then it would be for them to convince themselves that what each party has said is true. So whilst you have provided a lot of information and evidence and the defendant has not provided anything, the judge would not just take that at face value and would make his/her own enquiries in relation to this. If they have questions about any aspects of your claim they will ask you about them. You would not be expected to just talk about your claim and provide details without being prompted - you have done all you can for this stage and the judge will take on board everything you have said so far, but if they need clarification on anything then they would simply ask you.

The same would apply to the respondent. F there are few details in their defence and no evidence then the judge would want to get more details of how they are defending the claim and why they believe it has no merits.
Ben Jones, Solicitor
Satisfied Customers: 39017
Experience: Solicitor with UK Bankruptcy and Insolvency Law experience
Ben Jones and other UK Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks Ben, that makes it all clearer.

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Ben Jones
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Solicitor with UK Bankruptcy and Insolvency Law experience