Contract Law

greyfox123 · 31-01-2012 11:39am #1

I have a Judgment marked against me, the debt from this judgment arose from commercial transaction in 2006.
I am also the Plaintiff in a High Court Case which is ongoing.
I had an oral agreement from the Plaintiff in the Judgment case for the past 5 years that his debt would be settled in full after the conclusion of the High Court case but he went ahead last year and instituted proceedings against me.
My question is:
Could I initiate proceedings against him now for Breach of Contract of the original Oral agreement as the High Court Case is still ongoing, in order to have the Judgment set aside and enforce the Oral Agreement to have him wait for the outcome of the High Court case.
Note.
I did not defend the Judgment case as the plaintiff promised that he would stop the proceedings, but he didn't and I only found out when it was too late, that was my fault and I accept that.
Any thoughts on the possible success of such an action are welcome

ResearchWill · 31-01-2012 11:47am

The guy in the judgment case is only protecting his interests. He has 6 years to bring proceedings so he has done so. His judgment now lasts 12 years if I remember correctly. So he wants to make sure he is protected.

Can you over turn judgment, you need proper legal advice, but again if I remember correctly to do so you need to put on affidavit that you have a defence to the claim which you don't.

blueythebear · 31-01-2012 11:53am

greyfox123 wrote: »

I have a Judgment marked against me, the debt from this judgment arose from commercial transaction in 2006.
I am also the Plaintiff in a High Court Case which is ongoing.
I had an oral agreement from the Plaintiff in the Judgment case for the past 5 years that his debt would be settled in full after the conclusion of the High Court case but he went ahead last year and instituted proceedings against me.
My question is:
Could I initiate proceedings against him now for Breach of Contract of the original Oral agreement as the High Court Case is still ongoing, in order to have the Judgment set aside and enforce the Oral Agreement to have him wait for the outcome of the High Court case.
Note.
I did not defend the Judgment case as the plaintiff promised that he would stop the proceedings, but he didn't and I only found out when it was too late, that was my fault and I accept that.
Any thoughts on the possible success of such an action are welcome

I would suggest that this post falls foul of the Charter so the only thing that I will say is that there's no point in suing this chap as him agreeing not to sue you over a debt already owed does not form a contract.

You have a solicitor in your High Court case (I presume) so that you should ask him/her for advice here.

You should take note that this individual may only be issuing proceedings against you to safeguard his position in that his claim may be statute barred in the near future. If he doesn't institute proceedings he won't be able to force you to pay him into the future. Fair enough you say you will pay him back but he has no guarantee of that.

greyfox123 · 31-01-2012 11:57am

The debt is disputed but i was not going to deal with that until I had the means to.
Did business on weekly basis for approx 2 years.
No goods ever signed for
No Statement of account ever provided.
No formal Contract for supply of goods.
No Credit arrangements
No Terms & Conditions
I have requested proof/verification of the debt, none forthcoming.
My Q is:
Does the oral agreement to wait for the outcome of HIGH COURT case to settle debt not form a contract?
And if so is he not in breach of that contract by not waiting for the outcome of the high court case?

If it is accepted that the oral agreement does in fact form a contract then he does not have to worry about running out of time.

ResearchWill · 31-01-2012 12:13pm

greyfox123 wrote: »

The debt is disputed but i was not going to deal with that until I had the means to.
Did business on weekly basis for approx 2 years.
No goods ever signed for
No Statement of account ever provided.
No formal Contract for supply of goods.
No Credit arrangements
No Terms & Conditions
I have requested proof/verification of the debt, none forthcoming.
My Q is:
Does the oral agreement to wait for the outcome of HIGH COURT case to settle debt not form a contract?
And if so is he not in breach of that contract by not waiting for the outcome of the high court case?

If it is accepted that the oral agreement does in fact form a contract then he does not have to worry about running out of time.

No one here can or will answer that question, as it is against the charter rules. You have a solicitor acting for you ask him.

blueythebear · 31-01-2012 12:22pm

greyfox123 wrote: »

The debt is disputed but i was not going to deal with that until I had the means to.
Did business on weekly basis for approx 2 years.
No goods ever signed for
No Statement of account ever provided.
No formal Contract for supply of goods.
No Credit arrangements
No Terms & Conditions
I have requested proof/verification of the debt, none forthcoming.
My Q is:
Does the oral agreement to wait for the outcome of HIGH COURT case to settle debt not form a contract?
And if so is he not in breach of that contract by not waiting for the outcome of the high court case?

If it is accepted that the oral agreement does in fact form a contract then he does not have to worry about running out of time.

See my first response for the answers to your queries. Use your solicitor to deal with this.

As has been said, this guy would only be protecting his interests in issuing proceedings against you.

Victor · 31-01-2012 11:38pm

You need a solicitor.

greyfox123 wrote: »

The debt is disputed but i was not going to deal with that until I had the means to.

That isn't very fair is it? If you have problems with what was done in the past, put it in the open now.

Did business on weekly basis for approx 2 years.