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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
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Experience:  Award winning lawyer with over 15 years experience
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I am involved in a case in the County Court. This is for an

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I am involved in a case in the County Court.
This is for an alleged debt.
There have been two summonses one to a Limited Company and one to two joint defendants in person.
The two summonses are for different amounts.
Very briefly The ‘joint summons’ is against my former employer who ran up the alleged debt until she sold the company. She admits she owes some but not anything like the total.
The summons against the Limited company is for the alleged debt since that company took over. Again the amount of the debt is disputed.
I the other party on the joint summons have been an employee for both defendants as Manager but have never at any time had any ownership.
Now the Claimant made an Application to consolidate their two claims Quoting CPR 3.1 (1) g saying that the claims derive from the same facts.
Question. How do I ‘OPPOSE’ this Application.
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Why do you want to oppose and can you prove you were not liable at all?
Customer: replied 3 years ago.

I personally can prove it in as far as I acted as an employee

Firstly if the facts are the same then the court would normally seek to consolidate a matter - it is often cheaper, quicker and makes more sense in the long run. You can oppose it by showing to the court that the matter is not based on the same facts, although from the above you appear to suggest that in truth it is on the same facts. It may well be worth your interest to apply to have the matter against you struck out by way of summary judgment. I would be minded to write to the other side and advise them that they have sued you in error, for them to pay your costs and remove the claim against you. You can also threaten to make an application to the court.
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