Paige Lee
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Hearing over - rep from the Claimant there quoting all sorts of contract references and Civil Law paragraphs! Judge ruled in our favour Got the Stay, saying their claim is prepostorous and ridiculous (particularly for the advance 6 years rental) The Claimants solicitor then asked that a revised claim be allowed, with a change in their Company name to which the DJ said they had to submit, first class, recorded delivery, special and registered post to us by 14 May 2014. We then have 14 days to respond!
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Thank you very much Pt. I l let you know what transpires. Have a good weekend and thanks for the help.
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Do you know what I should expect, and/or say and do at the ten minute hearing next week?
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I only knew when I rang them and asked for a copy of the contract. they said that when the phone call was made we were told they had a default judgement against us and would be enforcing it. We said we hadn't seen anything.
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They say that we did know about the judgement, therefore we received the paperwork, (we only knew after the HCEO visit and our own contact to the Courts and subsequent copy of the the judgement after the event) Also they are objecting because we have had ample time since the date of judgement which they say was done on 31 March and we are out of time.
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I have received a letter back from the claimants - they intend to object to our Set Aside and Stay. Could someone have a look at it for me please. (I need assistance with uploading) The HCEO have also written saying the matter is back with the claimants and on hold!
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I understand, I just want to be sure of my facts and get the judgement stayed and set aside.
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thank you PT, that's what I was counting in not happening. have written to the court asking if the hearing can be brought forward, stating my fears re the HCEO. are cause he has a controlled goods form, does that mean he can come back anytime? Also, I am starting to commence a case against the claimant and the HCEO, with regards to many anomolies in the case from start to finish,
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Judgement was obtained on 1 March 2014.
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I now have a copy of the Claim and particulars, which is absolutely ridiculous. Both HCEOs were from the same company. I have a copy of the signed agreement which is an agreement that ended after a 75 month period in July 2013 with a fixed quarterly price, I can barely read the T&Cs on the back they are so small and smudged. Whilst it says three months notice of cancellation, we gave them 12, then 9 then 6, then 3 - also with telephone calls, names and dates and times recorded, all in writing, which they claim we never made! We can actually give them one months notice. They then, in July 2013 issued a default notice under the CCA, seemingly instigated court proceedings and added another Invoice on for rental from 2013-2019! The initial note that the first HCEO left contained two items which he found outside The second HCEO entered and listed a few items, chairs, tables etc, and some stock.
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I can't get a copy of the so called High Court writ either!!!!! that the first HCEO said he had!
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Now trying to prepare a statement of fact and then tackle the original HCEO visit and their fees , who left a Form 55 had no signed WPa, also, added fees which I have challenged, now followed by a second visit from second HCEO with the new controlled goods forms together with and inventory he took of limited items, added the old fees and then adding on new compliance fees and enforcement fees. They can't have it both ways surely!!! Any news on what to say to the. judge at Hearing?
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We have no Directors as it is a mutual society governed by a committee
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No it was signed by an authorised signatory
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I don't know, however having now seen a copy if the judgement there is no mention on the claimants part about this being an agreement regulated by the CCA
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