Update and Help requested.
As advised above I filed form N244 with the fee and have been given a date on November 16th for the hearing. This is to be held via the phone. After I filed the set aside I recieved the following from the Vets solicitors:
Dear Mr Bigandyuk1
We write in regards to your application to set aside judgement dated 02/08/11
It is noted that you allege to have never received the court documnets sent to you or any
communications from us because of moving address.
We are however unclear whether you dispute the liability for the debt in question. If you do
dispute liability, can you please advise as to the grounds for this?
We await your reply.
I replied with the following:
I write in regards to your letter dated 26th September 2011.
For your information I do not dispute having a debt with The Vets. I am however unable to be clear on the amount of the debt as I have not been in receipt of any invoices from the xxxxx Vets.
I will therefore be proceeding with the set aside as I did not receive any bills or documentation from the Vets, even though they had my present telephone number as they called me each day that my pet was unwell.
I will then be quite happy to look at the original invoice and pay it if I find it to be correct.
I then received an invoice from the vets and after checking it called the practice administrator and offered to pay the buill in full minus the legal charges that had been added. This was £800 and the legal charges were £300. The admin told me she would need to talk to the solicitor before agreeing.
Today I received a bundle from the solicitors as follows:
We enclose a further copy of our letter dated 26th September, to which we do not appear to have
received your response.
We understand that you have spoken directly to our client and have offered to pay the outstanding
bills but not the court fee, costs and interest referred to in the claim form.
We confirm that your offer is not accepted by our client.
We attach a copy notice we have received from Swindon County Court confirming your application to
set aside Judgment will take place on the 16th November 2011. We have also received the attached
notice from the court confirming that the hearing is to be by way of a telephone conference
We confirm that we will be arranging the conference. In order to do so we must provide the court with
your telephone number. Unless we hear otherwise from you, the number which we will provide is that
set out in your application notice dated the 2ndAugust 2011 (xxxxxxxxxxx)
We also attach copies of the following documents we Intend to refer the court to at the hearing:-
1. Witness statement of xxxxx xxxxxxx xxxx dated 11th November 2011 and exhibit SFH 1
2. The reported case of Akram -v- Adam.
3. An extract from the Civil Procedure Rules (Rule 6.9)
We may also Wish to rely upon a statement by our client. We will let you have this as soon as
In the event that your application is unsuccessful we Intend to apply for an order for costs. We will be
sending you a costs statement shortly
Can someone please advise me what to do now. The solicitor has included a statement which says that they wrote to me by recorded delivery (At my old address, which I moved from4 years ago) and that because it was not returned to them that it was deemed to have been served.
They say they will refer to the reported case of Akram -v- Adam The vets surgery had a contact number which they used on numerous occasions to inform me of my pets condition but never once do I recal having my address conformed. When they had no response to the mail they were sending me surely all they had to do was pick up the phone and ask.
I am sending them a cheque for the original bill this week but will not be including the legal costs they have added on.
Any help or advice would be appreciated.