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cinimody

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About cinimody

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  1. Hi, N245 is what has been filled in so far, Im awaiting my solicitor to return to work so we can sort out any appeal,
  2. Have just received a ‘receipt for counter payment ‘ for the case today which is the for the fee for making a payment offer. Does this have any significance to anything at all?
  3. No I completely understand about CAB , I have made an offer to pay and my main point this week is to make sure Bailiffs don’t get involved , th guy that took me to court is pretty switched on and I’m sure he will be doing what he can to cause me grief once the 14 days are up, What else do I need to do to stop bailiffs as I can’t pay in full at min, surely the bailiffs will write to me at some point , before attending? Can someone enforce the order when Time is up if I have lodged paperwork with court but they are behind so have t processed it before timeis up? I put in the form within 24 hours of court judgement I don’t have any money in bank or assets, I’m driving someone else’s a car at nin as my own ( which is on finance) is currently broken, so I’m making a finance payment on a car I can’t afford to fix...... I do have a mortgage and half own my house with my partner.
  4. Thanks for this, at the minute I'm more concerned with making sure a bailiff doesn't turn up at the door which is why we have sent in form N244 as we haven't received anything from the court yet due to xmas holidays. I did ring the court to say n244 had been sent and just want to make sure it's dealt with, she said they were currently 16 days behind with paperwork, does this mean the claimant can 'push through ' a bailiff as we have 14 days for the order to be paid , which takes us to 2nd Jan, , is it possible they could send someone out as they haven't processed our paperwork? I have made an offer to pay a very small monthly amount as that is all I can spare at min, Regarding appeal it's typical that this is happening while its xmas and my solicitor is away, really need to seek advice on this but slightly difficult without paperwork from court...... Am I correct by offering a payment plan or is that in somehow admitting guilt , I'm just trying to sort it out while everybody is closed, the CAB were adamant that nothing would happen re bailiffs as long as court had received N244. Is this correct
  5. Thanks for this. We did try to challenge by sending recorded letters to claimant and court on 2 separate occasions ( both were received) also telephoning the court, how else we are supposed to get the message to them I have no idea, the Judge said that because the claimant had proof of postage that was called `good order` so we were deemed to have received the paperwork. If so why would we have written to say we hadnt, The claimant did say he could provide proof of delivery but this was never provided, indeed on the day any paperwork would have been received we were actually closed for 5 days and we dont have a letter box. I cant provide details of court order yet as I am still awaiting it through the post......... I have filled in form N245 or similar requesting instalments, my biggest concern is this not getting processed due to Christmas and a Bailiff turning up on Jan 3rd, Is there anything else I need to do to make sure bailiffs dont turn up, We are trying to deal with this while we try to find a decent Solicitor to consider an appeal.
  6. Invoice was made out to me personally in 2017 for work carried out in 2014 that was paid for by a business that no longer trades, we cannot get access quickly to the paperwork for that business, not in the 20 mins we had to read through the claim. The main points are, a business transaction was carried out between 2 businesses I could not produce paperwork it was decided to be a personal transaction. The main point is we did not receive the full claim, asked both the courts and claimant in writing twice ( recorded delivery) with no response, so attended court to ask for time to go through and review the claim, which was refused, how can we possibly defend ourselves when we didnt know what was on the claim. Whatever the point in law this is morally wrong. Next it has been made against me personally and I do not have the money, I dont know how to deal with this, I earn very little currently and have no assets, I had a business go down 2 yrs ago and have had to sell everything I owned to keep my head above water. Now Im going to sink for a totally fabricated fraudulent claim, surely there must be some way to go back against this. How do I reach a payment agreement? I am happy to set up a small payment agreement and pay this while I try and fight it, but dont know how The point of this is we recieved an initial claim form and submitted a defence to this, the claimant was asked to submit a `much more thorough claim` we never managed to see this claim until in court so couldnt offer a paper defence.
  7. claim was made against myself personally ( plus my partner) the claimant admitted he had never spoken to my partner so that part of the claim was struck out
  8. Received a small claims court summons 4 or 5 months ago made out in my own name instead of the business name for a totally ficticious invoice , we responded with a fairly robust defence. Receieved a reply from the court asking the claimant to send us by a named date and time a clearly listed claim, in numbered paragraphs explaining each point of the claim, and we had approx two weeks after this date to respond to the court and the claimant. The date came and went and we never received the paperwork from the claimant, we sent a letter by recorded delivery to both the court and the claimant stating that the deadline for us to reply was rapidly approaching and we had not recieved the paperwork so how could we answer, no reply was received from either party. we heard nothing else at all, so approx 10 days before the hearing we again wrote to the court and the claimant stating we had not received the claim particulars so how can we be expected to defend ourselves. again no reply. The day before the hearing we called the court and they seemed quite happy , they confirmed that both letters had been received and the judge would deal with it in the court. We attended court this morning asking for the paperwork to be given to us and to ask for time to review it so we could answer all the points validly. To be told the letters may have been received by the court but they wouldnt have been read until this morning...... we had plenty of time to prepare our case and that they would give us a short time to read the claim which they did. ( about 20 mins...) We had a valid argument for every question on there, however, as we did not know the questions that were coming we could not provide any paperwork to back these up ( we can provide the paperwork as we have it all) as how could we possibly know what was coming and what to prepare for, yet the claimant could provide his paperwork , which clearly he knew what to bring as he had filled the claim. Much to our astonishment they upheld the claims whilst we had good arguments we didnt have the necessary paperwork to back these up... we were then told that the court had followed correct procedure and we had to ask the same judge for permission to appeal, he refused this permission... The claim revolves around some car parts that were ordered in mid 2014 by a company that no longer trades, the money was requested as cash, which was withdrawn from the company bank account and paid to the claimant, the sum of £2000. The claim is that the parts were never paid for, and were ordered by me personally and not the business ( now some 3 years later with zero chasing in between) and that the parts were special one offs and as such were £6000 not the £2000 paid. Judgement was found against me personally for the sum of £6000 plus costs of some £1200 making £7200 plus the fact we had already paid £2000 so now im facing owning something that cost £2000 yet cost me £9200. To say I fell totally failed by our legal system today is an understatement. We also have xmas break coming up so its hard to gather information together. we were told I have 14 days to pay the order and 21 days to appeal to a higher court, but even if we appeal the order stands after 14 days so it can be enforced, how is this possible, this realistically means they can send a bailiff round in 2 weeks time? Also I simply do not have the money to pay this, I earn very little and have no assets, what is a lowest payment I can make if I have to, I currently earn around £1000 a month, 2 kids, mortgage etc etc Help....
  9. So if that were the case what would happen if the Bailiff went into administation and he didnt recieve his money. Anyway after threatening to send a bailiff round to recover the goods in line with the court order he has agreed to release the vehicle. Thanks for everyones help
  10. You are clearly a business that trades in the manufacture, design and or byikd , followed by sale of cars. Therefore you are a trader, not a personal seller. No we are not as it was my ow personal car that was sold and it was a personal transaction, this however is not the point of the post, Im not on here asking about appealing . Im asking about our rights to collect our goods, a Court order has been made and we have complied with the order fully, he will not release the goods for another 14 days, I wish to collect straight away, we have paid so they are our goods.
  11. BUT he has instructed a Bailiff to recover funds, we have complied and paid who we were asked to pay, we did ask if we could pay the claimant and this was refused I will add that there is a certain stigma against car traders, some of this can be rightly so, however our place builds race cars and is not a `used car lot`
  12. Thanks for replying swiftly. We are more than happy to drop the appeal, for swift return of the vehicle. The court case was lost ( in our absense as we were never notified of the date.... even though we called to ask what is happenning...) We have plenty of evidence but thats not our interest. The case was lost and we had 14 days to appeal, we had filed the appeal, although ( due to workload) the paperwork hadnt been processed by the 15th day, which was the day the bailiff turned up after being instructed to by the claimant, we complied, paid the money and the bailiff left happy they had cleared funds. The costs involved in recovering the vehicle are around the £1000 mark, I have someone that happens to be on the Island on Weds this week so will collect for significantly less. My argument is that the court order states the vehicle is to be made available for collection upon payment of funds, we have paid the funds yet he wont tell us the whereabouts of the vehicle until he receives payment from the bailiff, the fact that he instructed them and as such has a contract with them is his issue not ours, we have paid them and now wish our property to be returned. The background to the story is I sold my own car in a private sale, that was issued with a personal receipt, which stated private sale , sold as seen no warranty etc etc as per usual, even the advert stated private sale of my own personal vehicle ( which it was), he asked if could collect during daytime, which I said fine but will have to be from work, he was happy to do this,( my workshop runs race cars) he then suffered a minor engine issue some 3 months later and wished to return the vehicle ( which was perfect when sold) I refused, he then claimed it was a trade sale as he collected from a garage etc etc,
  13. Received a visit from a bailiff last week over a case we were appealing, the only reason we lost the case was down to a minor paperwork issue, we have very good grounds for appeal. However the court had not processed the appeal before the bailiff turned up at our business. We lost a case involving a car, and to be honest now just want to move on, we are not worried about the appeal. We have a few issues the bailiff would not leave our premises without receiving cleared funds, they accepted a debit card and we cleared the amount in full. According to the court order we now own the vehicle again and wish to take possession. However the claimant will not release the car or tell us its whereabouts until he has received the funds himself. Apparently the bailiff will hold onto his money for 14 days. we wish to collect the car on Wednesday this week. We have complied with the court order and paid a bailiff that he has instructed, the vehicle should now be ours. The vehicle is in the isle of Wight so there is sigificant cost involved in recovering to the mainland ( we are midlands based). I have told him we are sending a recovery truck on wednesday to collect the vehicle , he is refusing to comply. What are our rights? Can i instruct a bailiff to go and recover the car and pursue him for the costs. I have told him we have no wish to take this any further we are busy, lets just put this behind us and move on. Any thoughts/advice would be useful many thanks
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