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construction and expert witness work
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?
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
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
An allocation hearing wouldnot normally last one hour.
I think there are probablygoing to be some directions at the same time with regard to disclosure andexchange of statements.
The delay of two months isnot at all unusual in matters like this.
I'm not altogether certainwhat you want to know
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
You won'tknow until you go along to the hearing but bearing in mind that if you win, youcan add those costs on to the overall claim.
You can getthe official copies of the deeds from the land registry for the payment of asmall fee and that will show what charges are on each one but not show theamount outstanding .
It may bepossible to carry out a credit search.
You canmake an application for disclosure of all the documents that they intend torely on (which they should let you have in any event) and that will include (orrather will not include!) the spurious evidence they claim they have bought whichobviously does not exist.
If theyfail to disclose it you can actually apply to the court for an order for it tobe disclosed and asked the court to award costs against the defendant.
I would notdo anything until after the hearing to see exactly what crops up in the hour.
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?
You need to find someone thatprovides credit that will do this for you. It is done with the likes ofExperian, but they will not carry out credit searches for individuals.
It is simply a case oftrawling the Internet I am afraid.
Many mortgage brokers havethe facility but you would need a tame one that would take it on.