Tag: charge

Successful representation against the claim

Sterling Law have successfully represented our client’s case against the Claim for £17,000 with odds. The judgement is now set aside as the District Judge found that the Judgement was entered wrongfully against our client. The Judge founds that the Claimants were mistaken in the identity of the director who provided personal indemnity in hire-purchase agreement.

Our client is a retired company director against who a judgement was entered and his property was charged for the purposes of recovery of the Claimant’s loss. When our client first interacted us we were informed that he was a passive director who was not managing the daily business of the company. His partner was the main manager of the business who actually dealt with the Claimant in the hire and purchase agreement. 

The Claimants notwithstanding the allegations of our client meeting the Claimant in person and giving a personal indemnity did not have any evidence to prove their case. The was no written contact nor there was anyone who could witness the indemnity actually being given by our client.

Because of the lack of evidence and the judge’s finding that our client has a real prospect of successfully defending the claim in accordance with r13.3. CPR.

Not only the judgement was set aside but the interim charging order was also discharged with.

 

Nozima Rakhimjonova

nozima@sterlinglawyers.co.uk

Phone: +44 (0) 20 7822 8599

Mobile: +44 (0) 73 0584 8477

 

 

Navdeep Gill

navdeep@sterlinglawyers.co.uk

Phone: +44 (0) 20 7822 8599

Fax: +44 (0) 87 2352 4427

 

UK Immigration & Legal Assistance

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