Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
If you need any help with completing the form give me a shout.
Also, you'll need to write a statement for Q.10. Best to tick the box for "attached witness statement" and then put your whole defence in the attached document. If you need help with that also, let me know.
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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.
Hi, thought I'd post the instructions for the form anyway if it helps.
1. Your name
2. Tick Defendant
3. Set -aside of CCJ
4. No
5. Tick at a hearing
6. 15 minutes
Agreed by all parties: No
7. Write - Not applicable
8. District
9. Both Parties
10. Tick box for attached witness statement
Cross out all options except I Believe
Sign and cross out all options except Applicants
11. Sign and cross out all options except Applicant. Enter your address and contact details.
I can give you a template for a statement for Q.10 if you need it.
Ell-enn
Help us to keep on helping
Please consider making a donation, however small, if you have benefited from advice on the forums
This site is run solely on donations
My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.
If you are including any paperwork you need to refer to it in your statement i.e. Please see affixed statement - Appendix 1. Give all documents you are affixing an appendix number.
You will need to write the claim number and Appendix number at the top of each of the documents you affix.
Hope this helps, shout if you have any questions (but I'm off to bed now, back on line in the morning)
Ell
Help us to keep on helping
Please consider making a donation, however small, if you have benefited from advice on the forums
This site is run solely on donations
My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.
I respectfully request the court to consider the following when hearing my application:
·The Claimant obtained judgement by default having served papers to my previous address and therefore I was unable to defend.
·The Claimant has stated the paperwork was returned to them undelivered, and has informed me to apply for a set aside.
·The Claimant has stated they closed the account on the 31/10/2005, yet the original judgement was for monies owed for the period ending 31/03/2007.
·I will be making payment in full if the set aside is successful, as I would have done if I had received the original summons. The Claimant has agreed to agreed to this.
Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.
Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.
Hi, do you have anything in writing from the Claimant in respect of the above points. i.e. have they written to you advising you to apply for a set aside and agreeing to payment in full following the set aside?
Help us to keep on helping
Please consider making a donation, however small, if you have benefited from advice on the forums
This site is run solely on donations
My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.
No, nothing in writing. This was all said on the phone at the end of last week when I made my initial queries with them. Without anything in writing, would it be a case of my word against theirs ? Or should I be requesting transcripts to send in with the N244.
Hi, I think it would take too long to get transcripts - they would probably stall anyway. Send in the N244 and we can do a letter to them confirming your conversation with them asking for their confirmation by return. Send by guaranteed next day delivery, keep a copy of the letter and the receipt for posting and then check on the royalmail website in a few days to print of their signature of receipt. Keep that safe with the copy letter.
I write to confirm our telephone conversation of (date) regarding the above case. On your advice I have applied for a set-aside of the Judgement as the court papers were never received by me and you agreed you would not oppose the set-aside. You also agreed that when the set-aside was granted you would accept full payment of the claim.
I would appreciate your confirmation of the above agreement by return post.
Yours faithfully,
XXXXX
Help us to keep on helping
Please consider making a donation, however small, if you have benefited from advice on the forums
This site is run solely on donations
My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.