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I am being sued by a syndicate who have got together because

 

Customer Question

I am being sued by a syndicate who have got together because i sucessfully sued one of them. its all a set up but it will cost me dearly on legal fees

 

Optional Information:
System of Law: England-and-Wales

Submitted: 262 days and 22 hours ago.
Category: UK Law
Value: £33
Status: CLOSED
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Expert:  UK-Justice replied 262 days and 22 hours ago.

Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

-Could you explain your situation a little more?

Customer replied 262 days and 22 hours ago.

I am a property developer and i am being sued by a company that i was a director of.


they are saying that i failed in my fidicuary duties but i know i am being stitched up because the person who did take there money went bankrupt and they now after 7 years decided to team up with the bankrupt and go after me.

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Expert:  UK-Justice replied 262 days and 22 hours ago.

So it was 7 years ago?

Customer replied 262 days and 22 hours ago.

apparently 2006

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Expert:  UK-Justice replied 262 days and 22 hours ago.

Then they may be statue barred.

They would have 6 years from the date of alleged breach to issue a claim.

Therefore you need to check and delay it. But I note you said 7 years, so if it has been 7 years it is too late.

Any claim would be statute barred under the Limitation Act 1980.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

Customer replied 262 days and 21 hours ago.

ok so lets say it is six years and they are on time. if they win could i lose my house

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Expert:  UK-Justice replied 262 days and 21 hours ago.

If they get Judgment against you then ONLY if you could not pay the Judgment could they apply for a charging order.

If they get a charging order then they could apply for an order for sale - but this would be a discretionary matter for the Court.

Otherwise no.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

Customer replied 262 days and 21 hours ago.

one last thing if they were to get a judgement do i get time to pay if i show that i dont have money and can only pay so much a month

Accepted Answer

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Expert:  UK-Justice replied 262 days and 21 hours ago.

Yes the Judge could order payment by installments.....


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

Expert TypeBarrister
Category: UK Law
Pos. Feedback: 96.4 %
Accepts: 10295
Answered: 7/31/2012

Experience: Called to the Bar in 2007

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Expert:  UK-Justice replied 259 days and 18 hours ago.

I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

 
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