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rrokieDriver

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  1. Hi guys, thank you all for your support. I just came back from hearing and it lasted about 2 minutes. Defendant did not turn up and the judge ruled the decision to strike off the defendant's application for judgement to be set aside. What should be my next step?
  2. Hey guys, only 1 day left till my hearing and I am getting quite nervous. If anyone who has been through judgement to be set aside hearing I would like to hearing their experience. Thanks.
  3. I did send the defendant the copy of proceedings but I did via email they provided on their N244 application.
  4. oh yes that makes sense, Thanks, the statement is really detailed looks like you went through all the trouble to go through all of my posts. Thank you for that
  5. Hi Andy, Just one more question. In the statement you wrote "Ordered to reserve the Particulars of claim 17th September 2018 I quite do not understand it and that cannot find letters/paper relating to that date. Do you mind elaborating it for me please?
  6. Thanks andy. Once I make few changes to this statement, I should be sending a copy of this statement to the county court and to the defendant? Thank you very much
  7. Yes they simply wrote reasons on the N244 application form. They also attached one page with the application which looks like the request to the court. I have attached the link here to the application form. I received 2 copies of these, first when they filed the application and the second when I received the notice of hearing of application for 5th of July with the N244a that I posted before. N244 https://imgur.com/a/JvjBkQY N244a https://imgur.com/a/SjRnBwa
  8. Hi, I have created a rough draft. I am not sure if it too long or short. I do have video evidence of what was wrong with the car but not sure how do I include this. statement.docx
  9. What I mean by that is the company I used to send bailiffs/HCEOs to the defendants place is willing to give a witness statement. I had previously sent HCEOs to the defendants place and they stopped visiting the defendant's place once N244 application was filed. They are willing to write witness statement stating everything they have done so far and all the stages they have been through at the cost of £150. I am currently writing my statement however, what should I be focusing on? to prove that I do not believe that the defendants did not receive any court proceedings or how they screwed me with faulty car, how they took my money I gave them to tax my vehicle or everything I find what was wrong that lead me issue a claim against them?
  10. Correct. It is possible they may have not received one letter but how can they have not received Notice of Issue (first class post), Notice of Judgement Entered, Letters from Bailiffs. I have one more question. When the default judgement was entered against the defendant and the CCJ was issued I upgraded it to High court enforcement. Now the HCEOs did not seize any vehicle from them as the defendant applied for N244 application in their 2nd visit, the fees have piled up over 1500. They say if the judgement is set aside I will be liable for the fees but as far as I know only have to pay compliance fees of 75 quid if they were unsuccessful. They want to charge 150 quid for a witness statement and details of enforcement stage so far. Do you think I require witness statement yet? Is the bill from them enough to prove that I had indeed sent HCEO to seize their goods?
  11. I do not believe they did not receive the court proceedings. On their N244 application they stated "We have been informed by the occupants at our previous address that the bailiffs had visited their previous property on 03 August 2018 in respect of this matter". There are no previous occupants, they still trade from that address that the bailiffs I sent visited. I know this because bailiffs sent me the photos of staff that was there on 3rd of August and its the same staff that sold me the vehicle and also the manager who wrote and signed that N244 form. They keep lying and lying... Those people have audacity to resell the vehicle I returned to them without refunding me on a different website they have now and a different car garage that manager owns. They said they will tax my vehicle for a year and I paid them to do so but they only did for 6 months. Hard to trust that they did not receive the proceedings.
  12. Yes they did. They used N244 form for it. They simply stated that they did no receive any proceedings and they can defend the case with reasonable chance of success.
  13. Yh looks like I didn't point that out clearly in my previous post. It is indeed my first hearing. I am sorry for misunderstanding but later on I confirmed it was not set a side when I talked to the county court, they just filed an application for it. If I was able to make you understand my current situation what advice would you give me for the hearing on 5th of July?
  14. The hearing date is written on N244a form that I received. I will attach the photo in a min bare with me Just realized I said 20 days till hearing on my post, its actually 15 days. I had written draft for this post couple of days ago. I have posted the link for the img. https://imgur.com/a/SjRnBwa
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