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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20159
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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We have a debtor in court, the court appears to be delaying

Resolved Question:

We have a debtor in court, the court appears to be delaying matters.

After an initial scuffle allocation questionnaires were issued and we understood that both parties agreed to mediation, this is a construction matter. After a considerable delay, at lease 2 months plus, we have received notice of an Allocation Hearing, duration 1hr, is this normal?

We had expected the matter to have been referred to a mediation service by this time, what are your thoughts?
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

What is the debt for?
Customer: replied 1 year ago.

construction and expert witness work

Expert:  Stuart J replied 1 year ago.

What is claim value.

Is it simple debt matter or are there evidential issues? Who asked for AQ hearing? Debtor or court?

Do they have solicitors?

Customer: replied 1 year ago.

there is a distinct lack of evidence for the defendant to rely on


 


yes he has a solicitor the some one that he used when his previous contractors attempted to gain further fiscal benefit for works were saw as defective, we are architects and project managers


 


it was the court who has informed us of the hearing we are not aware of any application from the otherside in this matter

Expert:  Stuart J replied 1 year ago.
What is the claim value? What is his defence?
Customer: replied 1 year ago.

£50k


 


the defences statement has no passable defence, save that he states he has paid more than we admit to, we have scrutinised our records and he is incorect

Expert:  Stuart J replied 1 year ago.


An allocation hearing would
not normally last one hour.

I think there are probably
going to be some directions at the same time with regard to disclosure and
exchange of statements.



The delay of two months is
not at all unusual in matters like this.



I'm not altogether certain
what you want to know

Customer: replied 1 year ago.

we to think that there is more to this hearing, hence our questions, we have already exchanged statements and we are ready to produce evidence. there statement was week and we know that the evidence they say they have doesn't exist.


 


the other concern we have is that the defendant our client at the time was a dentist at the time, who has subsequently been struck off. he has a number of properties but we think they are probably all mortgages to the hilt and supporting each other.


 


is there any way of assessing his ability to pay when we win


 

Expert:  Stuart J replied 1 year ago.


You won't
know until you go along to the hearing but bearing in mind that if you win, you
can add those costs on to the overall claim.

You can get
the official copies of the deeds from the land registry for the payment of a
small fee and that will show what charges are on each one but not show the
amount outstanding .



It may be
possible to carry out a credit search.



You can
make an application for disclosure of all the documents that they intend to
rely on (which they should let you have in any event) and that will include (or
rather will not include!) the spurious evidence they claim they have bought which
obviously does not exist.



If they
fail to disclose it you can actually apply to the court for an order for it to
be disclosed and asked the court to award costs against the defendant.



I would not
do anything until after the hearing to see exactly what crops up in the hour.

Customer: replied 1 year ago.

sorry took the weekend of


 


I am happy with the answers so far and will give you a smile, just one item of query your state "It may be possible to carry out a credit search" how is this achieved?

Expert:  Stuart J replied 1 year ago.


You need to find someone that
provides credit that will do this for you. It is done with the likes of
Experian, but they will not carry out credit searches for individuals.

It is simply a case of
trawling the Internet I am afraid.



Many mortgage brokers have
the facility but you would need a tame one that would take it on.



Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20159
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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