helpneeded2018
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Just to say thanks to everyone for all the help - a donation will follow in due course I decided to attend the hearing, the claimant did not and withdrew the offer again on the morning of the hearing so its a good thing I did attend, the Master I saw was very nice and looked at the evidence I had and although he could not directly advise he put the enforcement action on hold providing I move to vary/set aside the motion by May 4th which I will now do I am going to look at setting aside the motion especially as I can now show the section 21 and section 8 were both served incorrectly Wish I had been of clear mind at the time as would not have progressed this far but just glad I got something sorted now- better late than never Although I did get lost twice in the Royal Courts of Justice! Its huge!!
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Great thanks a lot, So do I just call them on Monday and get claimant to do the same and have it follow in writing from both parties The hearing is for Monday at 2.30 so need to know whether I would need to attend still as its a 2 1/2 hour journey
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Another update, The claimant has emailed me this morning to say he is willing to accept the original £200 per month without the need for a hearing Obviously this is acceptable to me so do I need to go to the hearing still ( as 2 1/2 hours away ) or just submit to the court on Monday that we have both come to an agreement on this
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Hi all, So just an update, I have made the payments as set out in N244 form and sent via recorded delivery the notice to the claimant asking him to confirm he was able to make the date and propose a new date if not and to answer prior to the hearing the discrepancies in the payments I have said/ what he has submitted for the enforcement order, he has not replied to this Can anyone talk through the actual hearing process so I am clear on what to expect, I have all my paperwork including evidence the deposit was not protected and his writing to me stating his agreement he was happy with post judgement Is it like a court ( as in a trial type court ) or just a room? Will I have to take any ID with me/ fill anything in at the court etc? What happens if he does not show ( which I am assuming he wont ) will it proceed or be postponed?
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Hi thanks for the replies, Yes the adivse I was given was that as he had already made an agreement post the judgement then cancelled it then enforcing it through the courts would be a better option, he had also put that he wanted me agree that i did not go for failure of deposit protection and as I am not sure on the position of that at the moment I did not want to commit to it. I am actually based on the south coast so the High Court is fine for me, my local court offices closed down As for the wording on the order, thanks for clarifying the enforcement being stayed, as it does not mention it in the cover letter other than to approve the N244 ( which does say it ) then I wanted to make certain, I will get a copy out to the enforcement company by recorded delivery asap then Many thanks for the help
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Hi all, Yet another update- sorry for them all, Today I got a letter through from the Tribunals Service that states the following: Please find enclosed your sealed Application notice that has been approved by ( lists judge - not sure if I can name him ) The hearing has been listed on Monday 9th April 2018 at 14.30pm Then on my form is a stamp with for hearing by master and the details on it In the N244 under order I had put for the A) The execution of the Writ of Control to be stayed B) Agreement of £250 per month to be paid to the claimant starting 24/03/2018 Does this mean it has been as it states my application notice has been approved? or is just for a hearing? In which case I will email them again about staying the application
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Just got the breakdown from the HCEO group and have found out what he has done For example in the judgement there was a daily rate as above before I moved out, in adjustments he has listed for example £462, this is the total at £16 per day that the court gave to move, he knows I moved out in 7 days as he both signed for the return of the keys and I have a new tenancy agreement to prove it He has also only listed 1 x Payment of £200 and said this payment and the deposit were both on the 18/01 yet the letters were both dated October for these and he confirmed in writing another payment- and my statement shows the others The judgement is wrong What do I do now? Call the court to amend the N244 form
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Hi all, small update- and this is the issue with my mental health I had a friend around last night who pointed out the judgement total on the notice cannot be correct My court notice was for £2500 + £320.14 costs + £16 per day after the 11th September until I moved, I moved on the 18th ( 7 days ) which would equal- £2932.14 Out of this the following has been paid £200 x 4 = £800 £650 deposit taken off- hence why I was not pursuing deposit protection Total- £1450 = £1482.14 remaining The deposit reduction + 2 of the payments were confirmed in writing through his solicitor ( who then closed the case ) What do I do with that? Do they have to hold it if the total remaining is wrong?- and by a significant amount
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I didn't send it to the county court listed on the notice as it lists Manchester as where it was seen in September but it was in Eastbourne
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Hi, I sent it via post to the High Court in London as per the guideline in the sticky above Yes I have applied for a fee exemption Do you know as per the question on the 10 day hold?
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I have completed and sent off the N244 form today, I have a couple of questions now Do I send a copy to the sheriffs office/ claimant as well? My account is on hold for 10 days does that include the day ie received the letter via email ( at 5pm ) or 10 days from that date? Many thanks for all the help so far
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got the adivse about N244 on a different forum
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Yeah me too, will have a look at that form tomorrow then I am not going to agree that part, hopefully the court will look negatively at the request and agree to vary the order and suspend enforcement
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And also should I do a statutory Declaration and send that as well, my assets would total less than £700 and I do not own a car
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No there was no proof included within it I would be delighted if you could find out for me thanks a lot
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