Contract Law - no contract
Fred woke up one morning to a bunch of letters on floor, posted by the postman.
upon opening the letters fred found one of them to be a bill from a local company claiming to have been providing him with a service and requesting 12 monthly installments to settle the bill for said services.
fred wrote to the company stating that he had not requested any services from them and, did not at any future time require the services of said company.
fred also requested from the company, a copy of a signed agreement between them or any proof of an agreement between them to show that he had requested their services.
instead of the information he had requested, fred, recieved a reminder in the post, and soon afterwards a final reminder notice.
Fred tried writing many times to the comapny saying he does not require their services and has never seen any employee of the company any where near his property to carry out the services they say fred needs to pay for.
--
Fred recieved a summons in the post, notifying him that the company was seeking a liability order to collect on the payment "they" said fred owes them.
the date of the appearance in court co-incided with a date that fred was on holiday in spain, so he was unable to attend.
so, instead, fred filed a N9b form with court contesting jurisdiction and the payment, accompanied by a letter outlining that there was no contract and no services had been requested, in fact fred specifically wrote informing the company he did not require the services.
when fred arrived home from his holiday hoping that the court has resolved the issue for him, only to find a liability order had been issued. he recieved a letter from the company saying he had 14 days to arrange a payment schedule or bailiffs would be instructed to collect and or an attachment of earnings would be sort.
-------
1. What should Fred have done in thi situation?
2. What should Fred do now a liability order has been issued?
3. How was it possible for this Liability Order to be isued in the first place?
upon opening the letters fred found one of them to be a bill from a local company claiming to have been providing him with a service and requesting 12 monthly installments to settle the bill for said services.
fred wrote to the company stating that he had not requested any services from them and, did not at any future time require the services of said company.
fred also requested from the company, a copy of a signed agreement between them or any proof of an agreement between them to show that he had requested their services.
instead of the information he had requested, fred, recieved a reminder in the post, and soon afterwards a final reminder notice.
Fred tried writing many times to the comapny saying he does not require their services and has never seen any employee of the company any where near his property to carry out the services they say fred needs to pay for.
--
Fred recieved a summons in the post, notifying him that the company was seeking a liability order to collect on the payment "they" said fred owes them.
the date of the appearance in court co-incided with a date that fred was on holiday in spain, so he was unable to attend.
so, instead, fred filed a N9b form with court contesting jurisdiction and the payment, accompanied by a letter outlining that there was no contract and no services had been requested, in fact fred specifically wrote informing the company he did not require the services.
when fred arrived home from his holiday hoping that the court has resolved the issue for him, only to find a liability order had been issued. he recieved a letter from the company saying he had 14 days to arrange a payment schedule or bailiffs would be instructed to collect and or an attachment of earnings would be sort.
-------
1. What should Fred have done in thi situation?
2. What should Fred do now a liability order has been issued?
3. How was it possible for this Liability Order to be isued in the first place?
(edited 12 years ago)
Original post by RobertCatesby
Fred woke up one morning to a bunch of letters on floor, posted by the postman.
upon opening the letters fred found one of them to be a bill from a local company claiming to have been providing him with a service and requesting 12 monthly installments to settle the bill for said services.
fred wrote to the company stating that he had not requested any services from them and, did not at any future time require the services of said company.
fred also requested from the company, a copy of a signed agreement between them or any proof of an agreement between them to show that he had requested their services.
instead of the information he had requested, fred, recieved a reminder in the post, and soon afterwards a final reminder notice.
Fred tried writing many times to the comapny saying he does not require their services and has never seen any employee of the company any where near his property to carry out the services they say fred needs to pay for.
--
Fred recieved a summons in the post, notifying him that the company was seeking a liability order to collect on the payment "they" said fred owes them.
the date of the appearance in court co-incided with a date that fred was on holiday in spain, so he was unable to attend.
so, instead, fred filed a N9b form with court contesting jurisdiction and the payment, accompanied by a letter outlining that there was no contract and no services had been requested, in fact fred specifically wrote informing the company he did not require the services.
when fred arrived home from his holiday hoping that the court has resolved the issue for him, only to find a liability order had been issued. he recieved a letter from the company saying he had 14 days to arrange a payment schedule or bailiffs would be instructed to collect and or an attachment of earnings would be sort.
-------
1. What should Fred have done in thi situation?
2. What should Fred do now a liability order has been issued?
3. How was it possible for this Liability Order to be isued in the first place?
upon opening the letters fred found one of them to be a bill from a local company claiming to have been providing him with a service and requesting 12 monthly installments to settle the bill for said services.
fred wrote to the company stating that he had not requested any services from them and, did not at any future time require the services of said company.
fred also requested from the company, a copy of a signed agreement between them or any proof of an agreement between them to show that he had requested their services.
instead of the information he had requested, fred, recieved a reminder in the post, and soon afterwards a final reminder notice.
Fred tried writing many times to the comapny saying he does not require their services and has never seen any employee of the company any where near his property to carry out the services they say fred needs to pay for.
--
Fred recieved a summons in the post, notifying him that the company was seeking a liability order to collect on the payment "they" said fred owes them.
the date of the appearance in court co-incided with a date that fred was on holiday in spain, so he was unable to attend.
so, instead, fred filed a N9b form with court contesting jurisdiction and the payment, accompanied by a letter outlining that there was no contract and no services had been requested, in fact fred specifically wrote informing the company he did not require the services.
when fred arrived home from his holiday hoping that the court has resolved the issue for him, only to find a liability order had been issued. he recieved a letter from the company saying he had 14 days to arrange a payment schedule or bailiffs would be instructed to collect and or an attachment of earnings would be sort.
-------
1. What should Fred have done in thi situation?
2. What should Fred do now a liability order has been issued?
3. How was it possible for this Liability Order to be isued in the first place?
Fred should not do anything - if the company wants the money and Fred knows there was no contract, it's the company that should sue Fred and therefore it is the company that needs to prove there was a contract between them and Fred - how can they prove this if there was no contract?
P.S. there is something wrong with this question, it's not even contract law.
Original post by RobertCatesby
Fred woke up one morning to a bunch of letters on floor, posted by the postman.
upon opening the letters fred found one of them to be a bill from a local company claiming to have been providing him with a service and requesting 12 monthly installments to settle the bill for said services.
fred wrote to the company stating that he had not requested any services from them and, did not at any future time require the services of said company.
fred also requested from the company, a copy of a signed agreement between them or any proof of an agreement between them to show that he had requested their services.
instead of the information he had requested, fred, recieved a reminder in the post, and soon afterwards a final reminder notice.
Fred tried writing many times to the comapny saying he does not require their services and has never seen any employee of the company any where near his property to carry out the services they say fred needs to pay for.
--
Fred recieved a summons in the post, notifying him that the company was seeking a liability order to collect on the payment "they" said fred owes them.
the date of the appearance in court co-incided with a date that fred was on holiday in spain, so he was unable to attend.
so, instead, fred filed a N9b form with court contesting jurisdiction and the payment, accompanied by a letter outlining that there was no contract and no services had been requested, in fact fred specifically wrote informing the company he did not require the services.
when fred arrived home from his holiday hoping that the court has resolved the issue for him, only to find a liability order had been issued. he recieved a letter from the company saying he had 14 days to arrange a payment schedule or bailiffs would be instructed to collect and or an attachment of earnings would be sort.
-------
1. What should Fred have done in thi situation?
2. What should Fred do now a liability order has been issued?
3. How was it possible for this Liability Order to be isued in the first place?
upon opening the letters fred found one of them to be a bill from a local company claiming to have been providing him with a service and requesting 12 monthly installments to settle the bill for said services.
fred wrote to the company stating that he had not requested any services from them and, did not at any future time require the services of said company.
fred also requested from the company, a copy of a signed agreement between them or any proof of an agreement between them to show that he had requested their services.
instead of the information he had requested, fred, recieved a reminder in the post, and soon afterwards a final reminder notice.
Fred tried writing many times to the comapny saying he does not require their services and has never seen any employee of the company any where near his property to carry out the services they say fred needs to pay for.
--
Fred recieved a summons in the post, notifying him that the company was seeking a liability order to collect on the payment "they" said fred owes them.
the date of the appearance in court co-incided with a date that fred was on holiday in spain, so he was unable to attend.
so, instead, fred filed a N9b form with court contesting jurisdiction and the payment, accompanied by a letter outlining that there was no contract and no services had been requested, in fact fred specifically wrote informing the company he did not require the services.
when fred arrived home from his holiday hoping that the court has resolved the issue for him, only to find a liability order had been issued. he recieved a letter from the company saying he had 14 days to arrange a payment schedule or bailiffs would be instructed to collect and or an attachment of earnings would be sort.
-------
1. What should Fred have done in thi situation?
2. What should Fred do now a liability order has been issued?
3. How was it possible for this Liability Order to be isued in the first place?
Did the court request sight of the contract between Fred and the company?
Original post by RobertCatesby
Fred woke up one morning to a bunch of letters on floor, posted by the postman.
upon opening the letters fred found one of them to be a bill from a local company claiming to have been providing him with a service and requesting 12 monthly installments to settle the bill for said services.
fred wrote to the company stating that he had not requested any services from them and, did not at any future time require the services of said company.
fred also requested from the company, a copy of a signed agreement between them or any proof of an agreement between them to show that he had requested their services.
instead of the information he had requested, fred, recieved a reminder in the post, and soon afterwards a final reminder notice.
Fred tried writing many times to the comapny saying he does not require their services and has never seen any employee of the company any where near his property to carry out the services they say fred needs to pay for.
--
Fred recieved a summons in the post, notifying him that the company was seeking a liability order to collect on the payment "they" said fred owes them.
the date of the appearance in court co-incided with a date that fred was on holiday in spain, so he was unable to attend.
so, instead, fred filed a N9b form with court contesting jurisdiction and the payment, accompanied by a letter outlining that there was no contract and no services had been requested, in fact fred specifically wrote informing the company he did not require the services.
when fred arrived home from his holiday hoping that the court has resolved the issue for him, only to find a liability order had been issued. he recieved a letter from the company saying he had 14 days to arrange a payment schedule or bailiffs would be instructed to collect and or an attachment of earnings would be sort.
-------
1. What should Fred have done in thi situation?
2. What should Fred do now a liability order has been issued?
3. How was it possible for this Liability Order to be isued in the first place?
upon opening the letters fred found one of them to be a bill from a local company claiming to have been providing him with a service and requesting 12 monthly installments to settle the bill for said services.
fred wrote to the company stating that he had not requested any services from them and, did not at any future time require the services of said company.
fred also requested from the company, a copy of a signed agreement between them or any proof of an agreement between them to show that he had requested their services.
instead of the information he had requested, fred, recieved a reminder in the post, and soon afterwards a final reminder notice.
Fred tried writing many times to the comapny saying he does not require their services and has never seen any employee of the company any where near his property to carry out the services they say fred needs to pay for.
--
Fred recieved a summons in the post, notifying him that the company was seeking a liability order to collect on the payment "they" said fred owes them.
the date of the appearance in court co-incided with a date that fred was on holiday in spain, so he was unable to attend.
so, instead, fred filed a N9b form with court contesting jurisdiction and the payment, accompanied by a letter outlining that there was no contract and no services had been requested, in fact fred specifically wrote informing the company he did not require the services.
when fred arrived home from his holiday hoping that the court has resolved the issue for him, only to find a liability order had been issued. he recieved a letter from the company saying he had 14 days to arrange a payment schedule or bailiffs would be instructed to collect and or an attachment of earnings would be sort.
-------
1. What should Fred have done in thi situation?
2. What should Fred do now a liability order has been issued?
3. How was it possible for this Liability Order to be isued in the first place?
This sounds more like civil procedure than contract law.
civil procedure may well be the case. i do not know.
fred once parked in a wheel clamping area. as he has poor eye sight, he was unaware of the sign informing him that by parking there he was entering into a contractual agreement.
obviously upon his return he was clamped. he called the police and was told that it was a civil matter between him and the clampers... so.. civil procedure maybe.
fred was also informed that if he tampered with the clamping device then there would be a tort conversion from civil to criminal and the police would then arrest him for criminal damage....
-------
whether this is civil procedure or contract law, i cannot answer. i was however under the impression that a breach of contract would or could result in a civil procedure unless of course fraud or falseness was involved in creating the contract in which case it would be criminal procedure.
-------
the fact is;
1. Fred informed the company he did not require their services.
2. Fred was taken to court "a civil matter between the company and fred" adjudicated by a magistrate
3. a liabilty order was issued against fred.
Going back to the story above.
1. When fred recieved his first bill requesting money, what should fred have done?
2. when fred recieved a final demand notice, what should he have done?
3. now fred has a liability order, what should he do?
4. What steps could fred have taken to prevent this matter from going to court?
p.s. I added the title of contract law - no contract, for the sole reason that fred was summonsed to appear in court, "Civil Matter" over a breach of contract, i.e not paying his bill.
fred had no contract with the company, verbally, written or otherwise.
fred once parked in a wheel clamping area. as he has poor eye sight, he was unaware of the sign informing him that by parking there he was entering into a contractual agreement.
obviously upon his return he was clamped. he called the police and was told that it was a civil matter between him and the clampers... so.. civil procedure maybe.
fred was also informed that if he tampered with the clamping device then there would be a tort conversion from civil to criminal and the police would then arrest him for criminal damage....
-------
whether this is civil procedure or contract law, i cannot answer. i was however under the impression that a breach of contract would or could result in a civil procedure unless of course fraud or falseness was involved in creating the contract in which case it would be criminal procedure.
-------
the fact is;
1. Fred informed the company he did not require their services.
2. Fred was taken to court "a civil matter between the company and fred" adjudicated by a magistrate
3. a liabilty order was issued against fred.
Going back to the story above.
1. When fred recieved his first bill requesting money, what should fred have done?
2. when fred recieved a final demand notice, what should he have done?
3. now fred has a liability order, what should he do?
4. What steps could fred have taken to prevent this matter from going to court?
p.s. I added the title of contract law - no contract, for the sole reason that fred was summonsed to appear in court, "Civil Matter" over a breach of contract, i.e not paying his bill.
fred had no contract with the company, verbally, written or otherwise.
(edited 12 years ago)
It looks like a Civil Procedure Rules question. You need to look at each stage by reference to the CPR. From what you've posted it sounds like you haven't been taught anything about the CPR??
Guys. why is no-one answering the questions?
i am a 100% newbie. I have not made the post to be lectured on whether my knowledge is correct or whether the title of the post is correct.
THIS IS A TRUE TO LIFE SITUATION and wa hoping for some advice.
warm regards
i am a 100% newbie. I have not made the post to be lectured on whether my knowledge is correct or whether the title of the post is correct.
THIS IS A TRUE TO LIFE SITUATION and wa hoping for some advice.
warm regards
Original post by RobertCatesby
Guys. why is no-one answering the questions?
i am a 100% newbie. I have not made the post to be lectured on whether my knowledge is correct or whether the title of the post is correct.
THIS IS A TRUE TO LIFE SITUATION and wa hoping for some advice.
warm regards
i am a 100% newbie. I have not made the post to be lectured on whether my knowledge is correct or whether the title of the post is correct.
THIS IS A TRUE TO LIFE SITUATION and wa hoping for some advice.
warm regards
I assumed you were a student that couldn't be bothered to do your work because you've phrased it like a university problem question.
If this is a real-life situation, you need to give us a bit more clarity on the details. Much of the way you've described it confuses me and doesn't make sense. Unless I'm mistaken, form N9B is not one with a box for contesting jurisdiction. And unless I'm wrong on this too, you don't get a court date until the claim form has been served and the defence (N9B) has gone in: hence I don't understand how Fred could have a court date before even filing the N9B.
I'm not sure what you mean by "fred filed a N9b form with court contesting jurisdiction and the payment" - what do you mean by "contesting payment"?
(edited 12 years ago)
Yes. sorry my mistake. Fred disputed the claim with an N9b form and was going to make a counter claim.
He did this after he received a summons.
As he was going to be out of the country he sent this form via recorded mail to the court and via fax.
i believe this was just ignored. it was all a little late in the day. Fred only ent the N9b form after he had recieved a summons.
He did this after he received a summons.
As he was going to be out of the country he sent this form via recorded mail to the court and via fax.
i believe this was just ignored. it was all a little late in the day. Fred only ent the N9b form after he had recieved a summons.
Fred has recently heard that the same company has started sending bills to other people in his street and is wondering how he may help to stop it.
Original post by RobertCatesby
Fred has recently heard that the same company has started sending bills to other people in his street and is wondering how he may help to stop it.
Just be very clear about what has happened from the start and I'm sure there are people here who will be able to help.
Was Fred/Someone driving Fred's car clamped in a private car park? Then Fred didn't have enough money to pay the whole fine, so they issued a 'penalty charge notice' for the remainder? And now the clamping company is chasing up the fine?
I'm guessing because I happen to know somebody who was in a similar situation, but you've got me slightly confused here.
Please list a full version of events, from the start to the end.
hi sorry - the clamping has nothing to do with the problem. my bad.
Fred received a bill in the post from a company purporting to be providing him services.
he had never heard of the company before, never asked for any services from them, never seen then carry out any services.
he never paid the bill
was summosned to court
liability order issued against fred.
that reall is all there is to it.
Fred received a bill in the post from a company purporting to be providing him services.
he had never heard of the company before, never asked for any services from them, never seen then carry out any services.
he never paid the bill
was summosned to court
liability order issued against fred.
that reall is all there is to it.
Original post by RobertCatesby
Original post by RobertCatesby
hi sorry - the clamping has nothing to do with the problem. my bad.
Fred received a bill in the post from a company purporting to be providing him services.
he had never heard of the company before, never asked for any services from them, never seen then carry out any services.
he never paid the bill
was summosned to court
liability order issued against fred.
that reall is all there is to it.
Fred received a bill in the post from a company purporting to be providing him services.
he had never heard of the company before, never asked for any services from them, never seen then carry out any services.
he never paid the bill
was summosned to court
liability order issued against fred.
that reall is all there is to it.
OK - you probably need help from somebody who knows more about the practical side of things than most people on this forum. Have you considered seeing a solicitor/CAB?
But there should be an appeal procedure set out in the paperwork sent to you by the court.
Have you kept records of all the letters you sent to the company AND the court? Have you kept a receipt of the 'recorded delivery' letter you sent to the court? This, I would imagine is vital evidence for an appeal.
Also - what kind of service is this company purporting to have provided Fred? Is it something tangible? If so - obtain evidence which proves no such service has been carried out.
Have you tried calling the company as well when you wrote a letter to them?
Searching google is another thing I recommend. Certain companies are known for this kind of behaviour. See if there is anything on any forums/websites about them already doing this to other people.
Hi CC thank for the reply.
lets say for instance that the company had evidence that they had for example, cleared rubbish out of fred's front garden.
litter-rubbish like crisp packets that had been blown into the garden by the wind and originated from say the public footpath.
surely if there was no agreement in any way shape or form, the company cannot then charge for removing it?
thanks for the advice. CAB may well be able to help.
warm regards
lets say for instance that the company had evidence that they had for example, cleared rubbish out of fred's front garden.
litter-rubbish like crisp packets that had been blown into the garden by the wind and originated from say the public footpath.
surely if there was no agreement in any way shape or form, the company cannot then charge for removing it?
thanks for the advice. CAB may well be able to help.
warm regards
Original post by RobertCatesby
Original post by RobertCatesby
Hi CC thank for the reply.
lets say for instance that the company had evidence that they had for example, cleared rubbish out of fred's front garden.
litter-rubbish like crisp packets that had been blown into the garden by the wind and originated from say the public footpath.
surely if there was no agreement in any way shape or form, the company cannot then charge for removing it?
thanks for the advice. CAB may well be able to help.
warm regards
lets say for instance that the company had evidence that they had for example, cleared rubbish out of fred's front garden.
litter-rubbish like crisp packets that had been blown into the garden by the wind and originated from say the public footpath.
surely if there was no agreement in any way shape or form, the company cannot then charge for removing it?
thanks for the advice. CAB may well be able to help.
warm regards
I think they will find it difficult to prove such a thing. They may have a log they keep of gardens they have cleared up. But yes - if there was no agreement, there is no contract.
However - you must appreciate that agreements need not be in writing or expressly stated every time.
I understand that the rubbish example was just that, but if it is something similar, I'd advise you to check in your tenancy agreement if you have agreed to any of these services or with your landlord.
On another note - if Fred didn't have an agreement with this company, how did they obtain Fred's name in the first place? Or was the first letter only addressed to 'The Occupier'?
Its probably no use telling you this now - but if you had gone to somebody with this problem when the very first letter arrived it would have been much easier to deal with probably. For example if they did not have Fred's name, it would have been prudent just to ignore the letter. There was no agreement, they don't have Fred's name - in my opinion the letter/bill could just be treated as unsolicited mail and thrown in the trash.
There are other issues that may have been relevant in your earlier correspondence that you may have now failed to highlight. But meh.. this sounds like nothing if you appeal the decision of the court with a well structured, evidenced argument.
fred never knowing gave his name to the company however the first bill did have fred name upon it.
when fred contacted the company by letter his only repsonse was a reminder. when fred reponded to the reminder he receieved a final notice demand and then after that a summons.
i do not know how to help fred. he i due a bailiff visit very soon. the only advice i could give him was to create a family trust in which he placed everything as to protect his assets from the insidious
when fred contacted the company by letter his only repsonse was a reminder. when fred reponded to the reminder he receieved a final notice demand and then after that a summons.
i do not know how to help fred. he i due a bailiff visit very soon. the only advice i could give him was to create a family trust in which he placed everything as to protect his assets from the insidious
Original post by RobertCatesby
fred never knowing gave his name to the company however the first bill did have fred name upon it.
when fred contacted the company by letter his only repsonse was a reminder. when fred reponded to the reminder he receieved a final notice demand and then after that a summons.
i do not know how to help fred. he i due a bailiff visit very soon. the only advice i could give him was to create a family trust in which he placed everything as to protect his assets from the insidious
when fred contacted the company by letter his only repsonse was a reminder. when fred reponded to the reminder he receieved a final notice demand and then after that a summons.
i do not know how to help fred. he i due a bailiff visit very soon. the only advice i could give him was to create a family trust in which he placed everything as to protect his assets from the insidious
Search google on how to deal with bailiffs effectively. Do not let them in. If you act in a certain way, their powers are limited.
Also advise Fred to get advice and file an appeal as soon as possible. Bailiffs will not be able to take action if the decision has been appealed. Maybe somebody else can shed some light on this.
Fred can also deny any of the 'assets' being his. Its difficult to prove such a thing if the assets aren't 'registered'. I.e house, car etc.
I've also sent you a PM with a little hint in case it does reach the bailiff stage.
Here is an extract from the Insolvency Act 1986. I know this isn't an insolvency matter as such but I'm sure its relevant when dealing with bailiffs in any scenario:
s.283 - Definition of a Bankrupt's Estate
283 Definition of bankrupt’s estate.
(1)Subject as follows, a bankrupt’s estate for the purposes of any of this Group of Parts comprises—
(a)all property belonging to or vested in the bankrupt at the commencement of the bankruptcy, and
(b)any property which by virtue of any of the following provisions of this Part is comprised in that estate or is treated as falling with the preceding paragraph.
(2)Subsection (1) does not apply to—
(a)such tools, books, vehicles and other items of equipment as are necessary to the bankrupt for use personally by him in his employment, business or vocation;
(b)such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the bankrupt and his family.
This subsection is subject to section 308 in Chapter IV (certain excluded property reclaimable by trustee).
(3)Subsection (1) does not apply to—
(a)property held by the bankrupt on trust for any other person, or
(b)the right of nomination to a vacant ecclesiastical benefice.
See subsection (2) above (in italics).
hiya
thanks for the info. does this mean they will be unable to take things listed in the trust?
p.s your pm didnt come through.
thanks for the info. does this mean they will be unable to take things listed in the trust?
p.s your pm didnt come through.
Original post by RobertCatesby
hi sorry - the clamping has nothing to do with the problem. my bad.
Fred received a bill in the post from a company purporting to be providing him services.
he had never heard of the company before, never asked for any services from them, never seen then carry out any services.
he never paid the bill
was summosned to court
liability order issued against fred.
that reall is all there is to it.
Fred received a bill in the post from a company purporting to be providing him services.
he had never heard of the company before, never asked for any services from them, never seen then carry out any services.
he never paid the bill
was summosned to court
liability order issued against fred.
that reall is all there is to it.
I'm a little confused here. You said Fred filed an N9B which is a defence - where does this fit in? Did it get properly served?
Are we definitely dealing with a "liability order" here. AFAIK these are associated with amounts that are unpaid to public bodies, usually council tax, and are granted by magistrates.
Who is the company you are talking about, what do they do and is the document Fred received definitely a "liability order". If there is a public body involved, you need to say so because that would completely change the analysis.
Liability orders are orders made by magistrates and getting them set aside is not necessarily straight forward. Fred may want to think about getting proper legal advice. In any event, he needs to get cracking: if he waits too long (and the time periods can be very short: think 21 days or less) he may lose his chance.
Original post by RobertCatesby
fred never knowing gave his name to the company however the first bill did have fred name upon it.
when fred contacted the company by letter his only repsonse was a reminder. when fred reponded to the reminder he receieved a final notice demand and then after that a summons.
i do not know how to help fred. he i due a bailiff visit very soon. the only advice i could give him was to create a family trust in which he placed everything as to protect his assets from the insidious
when fred contacted the company by letter his only repsonse was a reminder. when fred reponded to the reminder he receieved a final notice demand and then after that a summons.
i do not know how to help fred. he i due a bailiff visit very soon. the only advice i could give him was to create a family trust in which he placed everything as to protect his assets from the insidious
I'm sure a court would look straight past this, it would be a very transparent attempt to avoid judgment. In any event, there are plenty of other ways to enforce judgment such as an attachment to Fred's earnings.
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