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  1. Hello Any help would be great. We are being taken to court by a DCA for a debt we have no knowledge of. While we did previously have an account with the bank (HSBC), we are no aware of any debt, especially not one of the sum claimed (approx £3,000). We never received a default notice or notice of assignment for sure, we just began getting calls from a DCA. We've sent off a CCA request and heard nothing back. We've also sent off a CPR 31.14 request and two follow up letters. None of these has been acknowledged, and the constant calls have suddenly stopped! We have to file a defence by this Saturday (so am working towards Friday). I am planning to submit a N244 unless order, having read old threads on here. Can someone check this wording please? **An order extending time for service of the Defence, and directing that unless within 14 days of the making of an order upon this application the Claimant complies with a request made by the Defendant on 13th January 2014 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim or otherwise required for the claim (see the attached letters, A, B, and C), the claim shall stand struck out without further order of the court with the costs of this case to be paid by the Claimant to the Defendant, to be assessed on the standard basis and pursuant to the provisions of the Litigants in Person (Costs and Expenses Act) 1975. In the event that the Claimant shall comply with this order, the Defendant shall file and serve a Defence within a further 14 days. ** I didn't know how to put in specific dates as I don't know when the order will be made. I didn't spell out the documents requested in the 31.14 request as I didn't have much space in the box on the form and it then becomes very wordy. Many thanks
  2. Hi I am new to this Forum and am in need of help and advice regarding my friend first being made aware of Court Order Granted by Court when HCEO arrived to advice of the same and then hand him with Notice of Seizure & Inventory Form after entering work premises he rents. A lot of wrong doings from never knowing being served or sent Court paperwork regarding Court Proceedings, Information given and provided by Claimant firstly he was a Limited Company, only started renting property 5 months ago and is working as self-employed or sole trader (I believe to be case regarding latter) does not own business nor title of business that's been with premises for long as can remember 15 years and numerous different tenants having rented premises in that time. Claimant amount claimed is totally incorrect. From finding out about above on 06.08.13 been given run around by Courts as to who or what to do and where to do it. Got until 20.08.13 to issue Stay of Application to don't know which Court as no Court knows who issued the Writ and am having trouble filling N244 in. Ive inserted following for Question 3 1 - I had no knowledge of any of this until the HCEO turned up 2 - It appears the wrong person or entity has been named 3 - The HCEO is threatening to remove goods which are needed for the business 4 - The HCEO is threatening to remove goods which are the property of a 3rd party 5 - Pending determination of a (Variation Order/Set Aside) Application - not sure whether to put this one in or delete it any suggestions 6 - I cannot afford the fees demanded, the HCEO has not provided me with a breakdown of his figures Im assuming from Question 10 the above have to be elaborated on though I am not sure what to put in as form of elaboration All or any help to filling in the above in the N244 would be gratefully appreciated. One final thing I am going to bring completed form to Court on Monday but Birmingham say have to bring to Northampton where original County Court Judgement was made but not sure can afford costs to get there is there no way I could file this in Birmingham and get it dealt with their as I live in that area
  3. Urgently need someone to check if the above is acceptable, correct or complete and utter bull poo and if latter what would u suggest I write in for Question 10 Ive been trying to get required information since found out bout this on 0608.13 and its taken me to now plus got some help from another website but due to RTA had to have 2brain ops as result of the same I'm now registered disabled and one of my problems is I forget things easily and unless things are simplified or more or less I am told what to do or write I find it hard to take things in and get confused. If I am honest I went to the first google suggestion for a help group that could help me but I was made feel like a fool and laughed at by some of it members which is understandable and partly my fault as I did not explain about my RTA and disabilities but I have asked them over weekend to check the above and let me know as if it was ok as the other parts of the N244 they had helped me fill in but to date no one has replied although they knew my position so a bit upset bout but not a lot I can do apart from throw myself at this site's mercy and hope I get the help I need to sort this mess out I posted information in the wrong section of this so if u would like to look in Legal Section Forum u should find info there r ask me and I will try and provide the information u need Have to go to Court today and hand this in but until I know the above is ok and I wont make a complete gob****e of me and my mate I'm trying to help I cant complete and hand deliver it and HCEO back to take goods tomo Firstly thank u to all who try to help me with this I very much appreciate what u are doing. I inserted my first thread regarding this matter in wrong section - Legal Forum so if u need any insight into what this is all about u can check it out there or just ask me and I will try to answer any questions you may have although I don't have any information as never knew or received documentation or Court paperwork about this Claim until HCEO arrived at my friend's workplace - just started renting and trying to get custom and work from renting this premises meant to be garage although more like shed down an alleyway plus does not own premises or name associated with premises which has been there for last 14 years that's length of time I have lived round these parts. Loads of other Tenants before my mate with last one being taken on sort of speak to help my mate learn ropes but had to be given boot for acting as he was still renting premises and all that went with it I am bit worried about what I have put in Question 10 as I was told I had to go into more detail of reasons I was making this Application as set out in Question 3 of the N244 and I was wondering , hoping and praying to boss man up above if I am perfectly honest that someone who knows what they are doing and talking about could check over what I was going to put in as information relating to Question 3 in Question 10 and tell me if it what I am meant to be inserting and is what the Courts want in that section or whether its complete bull poo (excuse the pun) and not at all what I should be inserting. I have to bring this to Court today as HCEO returning tomorrow to makes rented premises to take goods that are either related to premises he is renting, his work tools or his uncle's and other friends and relatives who have been helping him out to try and establish himself in these premises in hope he can go on and set up this kind of business for himself As suggested by someone else they said to put in for Question 3 that I was making a Stay of Execution Application and not having Case set aside which I originally thought I was doing but they know better than I do. They suggested my reasons for this Application were based on the following: 1 -I had no knowledge about any of this matter until HCEO turned up with Notice of Seizure and Inventory which he then handwrote in goods he would be coming back to take if I did not pay amount alleged I owed 2 - It appears the wrong person or entity has been named 3 - The HCEO is threatening to remove goods which are needed for the business 4 - The HCEO is threatening to remove goods which are the property of a 3rd party 5 - Pending determination of a (Variation Order/Set Aside) Application - not sure whether to put this one in or delete it any suggestions 6 - I cannot afford the fees demanded, the HCEO has not provided me with a breakdown of his figures Then for Question 10 I added the following but I put them on a separate sheet of A4 paper and not in the box provided for Question 10 STATEMENT OF TRUTH RELATING TO CASE NO.: (1) It wasn’t until the HCEO turned up at my workplace on the 06.08.13 that I was made aware of this matter as up to that date I had never received any information or was served with or sent any Claimant or Court documentation whatsoever relating to the Claim or Court Proceedings in respect of the same. Even up to and including the date the Statement of Truth was signed by me namely the 16.08.2013, the only Documentation I have in my possession relating to this matter was the Notice of Seizure and Inventory Form the HCEO provided me with on the 06.08.2013 after he had listed on the said Notice the items he intended to take upon his return to clear the amount the Claimant has alleged I owe. If I had known about this matter or had received or had been served with the relevant paperwork I would have been able to file the papers required by the Court which in this case would have been Form N9A and N9B as I believe I do owe the Claimant's Company monies in the region of no more than £500 but not the amount the Claimant has alleged I owe The Claimant has never made me aware of any Court Proceedings or that the amount they alleged I owed was outstanding in fact regardless of my continued and numerous requests to the Claimant's Company to provide me with a total breakdown of my Customer Account to be set out an all their Invoice Statements I was now asking for these being from the initial setting up of my Account to the present day I rang These requested Invoice Statements were to include all payments made by me as well as showing the dates any monies was credit to my account relating to the many parts that I had returned unused or incorrectly sent by the Claimant. To date none of my requests have been carried out by the Claimant’s Company and they continue to send me out Statements with payments omitted or partly erased so that all that is showing is the alleged amount owed by me However according to the last Customer Invoice Statement I received from the Claimant it states that the amount payable to clear the debt owed to them and which is to be paid by the 12.08.13 is £0.00 (2) I rang Northampton County Court Bulk Centre who granted the Judgement Order on the 24.07.2103 and spoke to Hilda whom I advised that until I did not know nor had ever been served with or received any Court or Claimant's paperwork relating to this Claim as if I had I would have filled in the relevant and required sections and returned it to them by way of my defence but due to not knowing or receiving this paperwork I was unable to do so therefore prohibiting me from making representation of my defence to the Claimant's Allegation as by Law I was entitled to do. As a result of the above I now had to try and make an Application for a Stay of Execution which I was unable to do as it required certain information relating to providing the name or names of the person who had issued to Writ in the first instance and the only paperwork I had in my possession relating to this matter when the HCEO officer turned up at my work place and advised me that a Court Order had been enforced which until then I was not aware existed as well as hand me a Notice of Seizure and Inventory Form after inserting by hand a list of goods that he would be taking if I did not pay the amount owed or the Stay of Execution I was making an application for was not presented to or awarded by the Court when he returned on the 20.08.13. I re-iterated again to Hilda the fact that as I was never aware of this Court Claim or Order nor did I ever received any paperwork including the Writ of Execution I could not answer some of the Questions on the Form one of those questions being the name of the person who had issued the Writ in the first instance therefore as I did not know or have this information I asked if she could provide me with their name After checking the paperwork relating to this matter that was in her possession she advised me that the name of the person who initially issued the Writ had been omitted from any documentation relating to this Claim she advised that she assumed it was either the Claimant or their Solicitors but could not confirm that this information was correct. She also advised me that the Court paperwork had been sent to the business address that I was trading under. I advised her that I had only just within the last 6 months taken over renting the premises and did not own the same nor the business name associated with the premises she advised me that the Claimant had advised the Court that I was trading as a Limited Company under the garage’s name and premises. I told her that this information provided by the Claimant with incorrect information as I did not own the business nor the associated garage name listed as being under. I was able to confirm to Hilda that there have been at least 7 previous tenants before me who had also rented these premises before me and I knew that at least one of them also had a Customer Account with the Claimant's Company and that he had been using the same up until and as far as I was aware even after I had taken over renting the premises from him. I believe that the Claimant may have in error added his Account Balance to mine which is how the Claimant came up with the amount it is alleged I owe (3) The Goods and Items listed by the HCEO on the Notice of Seizure and Inventory Form which he is threatening to remove from the premises rented by me on Tuesday 20th August 2013 are essential and required by me for all my work needs and without the same I would not be able to continue working either self-employed or employed in a workplace and would therefore be unable to continue to survive on my basic living needs without these items (4) Any other Goods and/or Items listed on the above mentioned Seizure Notice threatening to be removed by the HCEO on the 20.08.2013 are the belongings of certain other third party members and do not belong to me. Again without these Items or Goods those third parties would not be able to continue working or surviving without these Items or goods as they are their work tools or items that they, like myself, require to try and survive within their basic living needs (5) Unsure if meant to erase this point altogether as set out in Question 3 and numbered the same or the part not needed so don't know whether to delete part not required, although don't know which one that is or to delete this point in Question 3 completely. If only meant to delete Application not intending to Apply for which one is it and how do I elaborate and explain it in more detail in Question 10 (6) As I have only recently taking over the renting of these premises I have not been able to build up enough custom or money to be able to afford to pay the HCEO fees he demanded nor has he provided me with either an explanation nor a complete breakdown of how their charges and fees were reached --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- STATEMENT OF TRUTH (I believe) (The Applicant believes) that the facts stated in this section (and any continuation sheets) are true: Signed -------------------------------------------------------- Dated --------------------------------------------------------- Applicant’s Solicitor’s / Litigation Friend FULL NAME ------------------------------------------------------------------------------------------------------------------ NAME OF APPLICANT’S SOLICITOR’S FIRM -------------------------------------------------------------------------- POSITION OR OFFICE HELD ---------------------------------------------------------------------------------------------- (if signing on behalf of Firm or Company ---------------------------------------------------------------------------
  4. Hi, I wonder if anyone can help me with some advice? Without going into a very long story, basically I have had a CCJ issued against me for a different person. My maiden name happens to be very similar to the name of a previous tenant and a CCJ has been issued against me with an imalgimation of my married name and the previous tenants name. Both the claimant and the acting solicitor agree that it is a mistake and the solicitor has now sent me a consent order. The solicitor has said that they will get it sorted, but I don't have a lot of faith in them? My question is... Does the consent order replace the process of filling an N244? Will they be fillind an N244 on my behalf? Are they abel to do that? Or will I still need to go through the courts myself and use the consent order to back up my claim to have the judement set aside? We left the premises a few months ago, so all paperwork has been sent to the old address, hence I didn't dispute it at the time. It only came to light after a 3rd party debt collection company started hassling me, offering me help to pay my CCJ. When I contacted them to set them straight, I discovered they knew more than I did! The consent order states: 1. The judgement dated 6th june 2013 be set aside. 2. There be no order as to costs.
  5. Hello, This morning i had the visit of Sherriffs? Bailliffs? The put through my door a Form 55-Notice of Seizure. I know what it is about and that i own the money but like anyone, i put my head under my pillow and ignored the warning signs!! I contacted a debt line and they advised me to fill in a N244 form, now i am very unsure as per what to do with that form. Feeling very lost, please help.
  6. Good Evening, I have been following some other advice on some of the other threads but it has come to the point where I need some extra help. Here is the story thus far... I am away at university in London and have been since the beginning of 2012 (February). Whilst away from home i have only been in temporary accommodation and have not changed my log book over to any term time addresses I have had. I can still receive post at my permanent address (Birmingham) albeit every 2-3mths when I return home or when my parents send a bulk package of letters to me. In March I woke up (in my London home of 8mths) to my car not being on the driveway and I immediately suspected it was stolen. I called trace and they had no record at the time of any car so I proceeded to liaise with the police with regards to reporting a crime etc... Later on in the afternoon I receive a call from the police stating that my car was impounded by BAILIFF A - on behalf of Newham Council!! When I rang the bailiff on his mobile, he did not give me details other than a grand total for 2 'No Right Turn - CCTV' fines dating to July and August 2012. He stated I had to pay to full price to get the car released and it had to do it online. I asked him where my car was taken and he refused to tell me the impound details. After securing an extremely high interest loan I paid the full amount and they gave me the location of where to pick up my car a clean 8 miles on the other side of London, and I went and collected it the same day! I read on here that a OOT Stat Dec should be filed straight away and I did that as obviously I am away at university and did not receive the documents in time to file at the time of the fine. That has been refused and I am in the process of filing an N244 with added information and photocopies of me living at the London address and my student status... I informed the council that all correspondence should be sent to my London address and they sent copies of all 'fine' paperwork they have on my vehicle. They have not sent any paperwork to me regarding the OOT Stat Dec although my address would of been stated as my London address... I would like to progress to try and cancel the CCTV ticket from Newham Borough Council due to the inadequately stated wording with regards to viewing the CCTV evidence they have but am not sure on the next stages to take post filing my N244?? I have contacted the bailiffs and received the following breakdown: 10/01/13 - Penalty £202 10/01/13 - Postal Request £11.20 13/02/13 - First Visit Levy £57 14/03/13 - Levy Visit Fee £60 14/03/13 - Auction Room Storage £15 14/03/13 - HPI Check £18 14/03/13 - Tow Truck £120 14/03/13 - Vehicle Seizure £200 14/03/13 - Visa Debit Commission Charge £1 VAT on above - £96.24 Total £780.44 28/02/13 - Penalty Charge £202 01/03/13 - Postal Request £11.20 14/03/13 - £13.64 VAT on above £13.64 Total £283.84 I did not receive any paperwork at the time the car was taken from my driveway, and I did not see any bailiff although I was in the house of the morning the car was "stolen" (asleep at those early hours - I'm a student!). I have the bailiffs names and they check out as certified at the time but they say they are not obliged to record the times of the visits or any other information as they are in the public record... I have also contacted the council for all details held on record and they have given me the standard reply of them doing nothing wrong administratively and they have received payment from the Bailiff company for the fine. If anyone can help with this massive fee recovery I would be very much so grateful... MJ P.S. Is there also a way to claim back the interest charged on the Loan I borrowed to get my car back?
  7. Hello, Im a new user and would really appreciate some help.... I received a PCN October 2012 which I paid by cheque. It appears this was never received and because I did not receive reminder letters (TEC say they were posted but I did not receive any despite their records of my address being correct) the case was passed to Equita Bailiffs. I received a letter from Equita on 11/4/13 which I was slow to respond to as I did not realise the urgency. This resulted in a Bailiff Removal letter arriving, hand delivered after the bailiff called and the house was empty. It stated they called to execute a warrant issued by Northampton County Court. I called them and was gobsmacked to hear there was a bill of about £370 as they had now visited my house which had increased the charges. I have since filed an OOT witness statement which was declined, I received the letter rejecting it, which was dated 16/5/13. It arrived a few days after it was dated. It now seems that an N244 is the best option but even with the guidance notes I am confused about how to complete it and I am nervous that time is ticking. Equita tell me the case is on hold until 4/6/13. I intended to call citizens advice but their limited opening hours have made this difficult. I would appreciate any advice you may be able to give me. Thank you PS apologies for not posting in a specific forum but new to all this and not sure how to get to most appopriate one.
  8. Hello, Im a new user and would really appreciate some help.... I received a PCN October 2012 which I paid by cheque. It appears this was never received and because I did not receive reminder letters (TEC say they were posted but I did not receive any despite their records of my address being correct) the case was passed to Equita Bailiffs. I received a letter from Equita on 11/4/13 which I was slow to respond to as I did not realise the urgency. This resulted in a Bailiff Removal letter arriving, hand delivered after the bailiff called and the house was empty. It stated they called to execute a warrant issued by Northampton County Court. I called them and was gobsmacked to hear there was a bill of about £370 as they had now visited my house which had increased the charges. I have since filed an OOT witness statement which was declined, I received the letter rejecting it, which was dated 16/5/13. It arrived a few days after it was dated. It now seems that an N244 is the best option but even with the guidance notes I am confused about how to complete it and I am nervous that time is ticking. Equita tell me the case is on hold until 4/6/13. I intended to call citizens advice but their limited opening hours have made this difficult. I would appreciate any advice you may be able to give me. Thank you PS apologies for not posting in a specific forum but new to all this and not sure how to get to most appopriate one.
  9. Hello, Im a new user and would really appreciate some help.... I received a PCN October 2012 which I paid by cheque. It appears this was never received and because I did not receive reminder letters (TEC say they were posted but I did not receive any despite their records of my address being correct) the case was passed to Equita Bailiffs. I received a letter from Equita on 11/4/13 which I was slow to respond to as I did not realise the urgency. This resulted in a Bailiff Removal letter arriving, hand delivered after the bailiff called and the house was empty. It stated they called to execute a warrant issued by Northampton County Court. I called them and was gobsmacked to hear there was a bill of about £370 as they had now visited my house which had increased the charges. I have since filed an OOT witness statement which was declined, I received the letter rejecting it, which was dated 16/5/13. It arrived a few days after it was dated. It now seems that an N244 is the best option but even with the guidance notes I am confused about how to complete it and I am nervous that time is ticking. Equita tell me the case is on hold until 4/6/13. I intended to call citizens advice but their limited opening hours have made this difficult. I would appreciate any advice you may be able to give me. Thank you PS apologies for not posting in a specific forum but new to all this and not sure how to get to most appopriate one.
  10. Hi there , second time i've done this as somehow I cant find my other thread, so hope this works. If anyone could help me completing my statement on the N244 form. I have an eviction notice/ warrant of possession on 13th Jan and need to get this form in by Fri latest to try and get eviction stopped by next week. I am wondering do you keep it short and sweet or should I go into great detail of how the last time I went to court the judge ruled at 450 per month and when I used to phone them GE MONEY they wouldn't except payment and wanted 600 PM instead. This resulted in me paying off other debts. My loan was for 22'000 in 2007 after having a previous loan with them for 11'522.50 (this includes ppi 1522.50, which I am asking for back) and being encouraged to consolidate to get a bigger load ( I opted out for ppi on second loan). To cut a long story short over the next few years GE money didn't write to me and then a year later bombarded me with around twenty missed calls throughout the day, payments were irratic, sometimes missing couple of months but then always trying to give lump sums to cover the missed payments. I have had several agreements in place, in june 2011 was set at 900 pm to which i paid on time for 5 months but then christmas came and couldnt afford it. I have problems with car breaking down on me, loss of 2nd and 3rd jobs ( bar work, sandwhich shop), son going to uni and getting kicked out of flat - resulting in him needing deposit for somewhere else to live, loss of tax credits and so on.. there is more. Due to this situation I have now begged my managers for more hrs and have achieved this giving me a wage of 1400 instead of 900. I also have small income from job at sandwhich shop and bar work two nights per week. And now my parents and son know my situation, my son is now going to stay with his grandparents when he's home and I am renting his room out at 70 PW to a friend., which will help with my outgoings to my mortgage. I have paid over 17'000 over the years but with agent costs at 90 pound a go, as well as interest charges GE are now saying I owe 36'000. I have 14months left on the loan and have just paid them 3000 through my internet banking. Will probably have another couple of hundred before i go to court. if I get the form in on Fri, I am hoping to have a court. There is prob equity in my home of about 10'000 after my mortgage so that is all GE may get. Are all these points worth mentioning on my statement to the judge? Also what type of judge will I need? Please please any information is much appreciated. Ive not stopped wretching all week.
  11. this has been going round in my head after the neighbours received a bailiff visit for a council fine you cant use an n245 for TEC warrant of execution. my question is could you use it to get the judge to make an order to make monthly payments top and tail is bailiffs bill is for £500 who wont accept monthly payments. saying he just wants the car (which is hidden) council just say its out of their hands and must only deal with the baliffs out of time has been dismissed
  12. GE Money were granted possession of our property for Tuesday 14th May whereby they could then apply for a warrant to have us evicted. However, yesterday (30th April) we were able to settle our account with them 'in full' including all the oustanding charges and court costs. Will we still need to complete the N244 to suspend the Possession Order and if so what is the Court Fee? The paperwork we have refers to a booklet EX50 (Page 7) but this page doesn't relate to repossessions. Please advise
  13. I have just received a letter in the rejecting my out of time declaration appeal for a PCN issued by Lambeth council last year for me turning down a road I wasn't allowed. I am guilty of the offence as they have the photo and video evidence of me doing it, and I am willing to pay the original fine. The only thing is I have never received any correspondence as I moved house just after the time of the offence so I expect that all letters have been sent to my old address. When I moved I changed all my vehicle details over with the DVLA but still for a year all the letters have never been sent to me at my new address until I now. I have to fill in a N244 form and go for the hearing. The N244 form is asking for evidence but how can I give evidence of letters I've never received?? They have given me a Notice of Objection account which states: -The respondant claims they dis not receive a Notice to The owner. The address was received from the DVLA on 2/5/12. -The London Bourough of Lambeth sent a PCN to the respondent on 2/5/12. Records show that no response was made and no payment received -The London borough of Lambeth sent a Charge certificate to the respondent on 15/11/12. No response was received from the respondent and no payment made -The charge was registered as a debt with Northampton county court on 21/12/2012. At that time, no Statutory declaration was filed, no payment was mad and no correspondence was received. -Subsequently a warant was issued to recover the debt on 8/2/12 - Finally the London borough of Lambeth received a notification on 27/3/13 that an out of time declaration had been filed with Northampton County court. I also got a statement of truth with the letter. In my out of time declaration i explained about me moving house and I suspected that they had been sending the letters to my old address as I have never received anything about it but they have completly ignored that!!! Surely if they have been sending these letters to my new address they must have some sort of evidence that they have actually sent them to the correct place!!!??? - The only letter i received about this was the warrant issued on 8/2/12 which was sent to my new address. I have never received any of the others!!! This is so unfair as I have already had to take time off of work to try to sort this out and it looks like I'm going to have to take more time off and pay 80 pound to have a court hearing!! It's ridiculous. I have done everything correctly by changing my details over with the DVLA and I've responded straight away to the only letter i received from the bailiffs!! Its them idiots that have been sending letters to the wrong address for over a year but now I'm the one having to pay the extra money for their mistake!!! So I just need to know if anyone has been in a similar situation and have suceeded in appealing against a situation like this at the N244 stage. Also How can I collect evidence about the situation if the only evidence I've got is me saying that I have never received a letter from them?? Surely its just my word against theirs?? Any help and advice would be appreciated Thanks
  14. Dear fellows, As advised I am starting a new thread on the flight that I am about to embark on; the battle to set aside three CCJs appearing on my credit file. Moreover I can see that Nationwide has defaulted my dormant bank account in 2008 completely made up of charges. I will start a separate thread on this in appropriate sub forum. Background: http://www.consumeractiongroup.co.uk/forum/showthread.php?370066-Arrow-Global-Notice-of-Service-by-the-Bailiff-***Suspended*** As discussed in the thread, I made N244 application to set aside one of the three CCJs. Why only one and not three N244 because the first N244 is made as counter attack against N63 received for one of the CCJs. Plan: Now that the hearing date is set for the third week of January 2013, I plan on sending CPR 31.14 request to Arrow Global and this time for other CCJ as well (two out of three CCJs are made by AG) so that to nail down at least two CCJ at the same time. Of course for the second CCJ I need to make a separate N244 application which I will make very soon. Once I have received documents from AG, I will then move with SAR to whosoever the debts belong to. I do not recall any debt from AG or any other creditor. I haven’t had any credit for at least 8 years. The credit files have no mention of any accounts in arrears/ defaults except the CCJ shown spot on. Just to make sure that I have not missed out on any information that I must receive from AG, please advise here the same so that I add it to CPR 31.14 request. Critical questions about the 14 days rule for claimant to respond to CPR 31.14 request: Does this apply to my case where I have the set-aside date coming up in almost 8 weeks time? Is claimant bound to respond to my request within 14 days? If above is not applicable in this case,, then do I need to mention any time frame in my CPR 31.14 request Your swift response would be highly appreciated as I wish to move quickly on CPR request in order to see the evidence AG is carrying against me. Thanks and best regards,
  15. I amgoing to submit the information below on my N244 application to the County Court, tohave a CCJ removed. Please would forum members have a look over thisinformation and let me know whether you think my application will be successful? Thank-youin advance. Please accept this application for the County Court to remove the above County Court Judgment from my credit file history, this by having the Judgment set aside. Below I will give the grounds for this request. I was not residing at the address that the original summons was sent to. Please find letter from XX XX XX enclosed. This letter provides evidence that I was residing at another address (XX XX XX). As such all correspondence for me was been sent to the wrong address. The paperwork was forwarded to me leaving only limited time to complete the County Court paperwork and return it to the Court. I do not feel that I had adequate time to represent myself within the paperwork which I submitted to the Court. If I was able to represent myself adequately at the time I would have made the Court aware that my debt with Lloyds TSB was for approximately £111.05. The final amount was £221 which included Court fees. The original amount owed to Lloyds TSB was for accumulated bank charges, which I was contestingwith Lloyds TSB at the time. The County Court Judgement was then recorded on my credit file for six years and I received a letter titled ‘Judgement for Claimant’. It was my intention to wait the six years for the County Court Judgement to be removed although I recently acquired a new employment position and the County Court Judgement is beginning to adversely affect this opportunity. It is of note that I have paid off the amount in full on 08 January 2010; as such it is recorded as "satisfied" on my credit file. Please find Certificate of Satisfaction enclosed.
  16. I applying to suspend enforcement action (stay) on a bailiff debt with a HCEO. Can you tell me I'm advised the court fee to stay is £40.00 and I am applying on the following grounds No means of paying the fees demanded Pending the determination of a variation order. How do I then go onto expand in Q10? Do I need to include any form of income or expenditure with this application or do I apply via and N245 for this if so should the applications go together. Thankyou
  17. Hi All, Im sorry if this is in the wrong place but i had no idea where to post this. Originally a car i was using was clamped by a bailiff because of a PCN i did not know about. Tomtubby helped me to file an OOT statutory declaration and the car was unclamped. The statutory declaration has now been refused by the TEC. This was refused on the 5th November and now i need to fill in the N244 and i believe it has to be in now, but i have some questions. 1/ What if i am to sick to attend court (I have health problems, ME, depression amongsth other issues and cant see how i could possibly make the trip to court)? 2/ How do i fill out this form, it makes no sense to me! 3/ In box 10 can i state the reasons that were put on my OOT statutory declaration? and which box do i tick? 4/ Can i retrospectively claim the court fee exemption? I see that form EX160 requires a letter stating that im on income support dated within the last month. This will be impossible for me to get in time and means i will have to borrow the money. 5/ Am i the claimant or the defendent? 6/ If i fax the form through to the TEC how can i make sure they get the fee in time? Sorry if some of these questions are stupid, but when i am stressed my M.E prevents me from being able to think clearly.
  18. Hi All, I need urgent help wiht my case, i'll keep it brief: Last year Lender took to court despite agreeing for us to pay normal monthly payments plus £37 towrads arrears. Judge granted an SPO for these exact terms. This month were not able to pay as no income - applied for E&SA and forwarding an application to the lender for Help with Mortgage Interest. it's an interest only mortgage. Rang the lender to request reduced payment until mortgage support is active so for a period of 13 weeks, told nothing they can do and apply to court. so now completing an N244 to submit to court stating the same reasons as above. Can anyone suggest what is the best way to go about this and what we should include in the supporting statement please? Basically we are hoping the Judge will take on board our reasons and grant the reduced payments rather the lender file for repossession which I know they will starightaway once the payment is missed this week! Having read some of the awful stories on here of other I'm feeling very deflated anout the whole situation. Any help would be great Thanks.
  19. Was in Court back in May to suspend an eviction. Arrears of £2800, monthly payment of £498. Agreed to repay contractual payment plus £150 per month to clear the arrears and a £500 sum within 7 days. Paid the £500 on the 5th day. Paid £650 for the following 2 months. Then, Augusts payment was only £450. I paid £200 & £250 in seperate online banking transactions. We sent a £200 cheque, which was never cashed. This months repayment of £650 was made in 1 transaction on the online banking the day it was due. Then this morning received an eviction date of the 16th October. The mortgage is in my Mum's name, I'm her son and my fiance also lives here. We have a 3 week old baby too. We can comfortably pay the £650. We only got into arrears in the first place because I stopped working due to illness. I'm fine with the income and expenditure bits, and the rest of the N244. But could someone help me with a statement please? We have nowhere else to go and it seems rediculous that the bank (Leeds Building Society) want to evict when we can pay. I was quite confident that the judge would be kind the last time we went for the N244 hearing. I'm not so sure this time. I have a family member I could approach to borrow some money to clear all the arrears. Is it worth me taking a statement from them with proof of funds (A bank statement) in case the judge will not accept us continuing with the £150 per month towards the arrears. Thanks everyone for your great help!
  20. Please help as I am in a situation. In June a possession order for mortgage arrears was granted by a court in Clerkenwell for my flat. I had been unable to attend the hearing because I had been looking after my sick mother for a period of time, and missed the letters informing me of the hearing. When I found the letters in early July they were saying to award possession on or before the 12th July. Before that date I filed a N244 form requesting that the order be set aside and a new hearing date be set. I also contacted the lenders solicitors and told them that I wanted to clear my arrears. On the 12th July nothing happened. I contacted the court and they told me that the N244 is waiting to be seen by a Judge. They would write to me when a court date was ready. Yesterday I recieved a letter saying my new hearing date is this Monday 6th August at 15:00. 1) Is being away looking after a sick relative a good enough reason to have missed a hearing? 2) What documentation do I take into the hearing? 3) I need some help as to how to craft my response. Thanks in advance
  21. Hi All. I am trying to learn about the legal process for litigation on consumer debt and I have some questions I hope you can help me with. Lots of threads have people requesting paperwork from creditors using CPR 31.14 (agreements, default notices, notices of assignment etc). Where a creditor fails to comply, some people are using form N244 to request that the court order the production of the documents. I think I am I missing something... 1. Is it not better to defend on the lack of documents and allow the creditor to hang themselves at the hearing? 2. Does this risk an ambush on the day of the hearing where they turn up with the documents? 3. Can you change your defence if this happens when they have failed to comply with the original request? 4. Is there any other sanction for failing to comply with a 31.14 request? It seems to me that using N244 is getting the court to do the creditors job for them.
  22. I have recently received a letter from the HCE who have knocked on my door and handed a letter to my brother. The letter had the name of myself and my mother, owing £3100. It said that it was from UNITE, the accommodation company which I stayed in during my first year of uni. I was living away and could not manage my finances properly, and ended up not being able to pay a term of rent money. I had asked to set up a payment as I was not in position to pay the full amount to which they refused and was passed on to debt collection, even they refused to set up a payment as they were looking for a initial large sum. Never heard from them in awhile, then I left for my second year of University, after completing the year I had come home recently to find the bailiffs had visited, I had not been this position before, therefore I sought advice and realised that the matter had become serious. The bailiffs letter had also been addressed to my mothers, as she was the guarantor, she is in no position to offer any payment as she is currently on incapacity benefits. She had pulled out old letters, from which I found Court letters, as she cannot read or write English, she was unable to inform me. I was advised to fill out a N244 form, I was wondering if anyone could advise me on whether I would have a chance in succeeding with a Stay of Execution? I have no assets or funds at the moment to pay off all the amount, however upon receiving a job I would be able to make payments. The original amount for the rent owed £2400, however with Court fees and other charges it rose to £2900, and now HCE are asking for £3711.97. Is there anyway I could get those charges reduced? I called them up earlier and they failed to give me a breakdown af all the costs, and said they were busy and would get back to me. After I received the breakdown. Most of it did not make sense. Also does anyone have any idea how long the hearing will take place? and can a suspension be awarded while the hearing is being processed?
  23. I am a Defendant looking to file an "Unless" Order along the following lines: "The Claimant has introduced new evidence at a late stage of proceedings therefore unless the Claimant is able to substantiate this new evidence with (list of things eg credit card number, name of payer, bank ac number etc. ) within a period of XX days then the Claim be struck out and a wasted costs order be made in favour of the Defendant" My question is - What is the lowest XX can reasonably be so that the Judge grants the order: 21, 14, 10 or even as low as 7 days?
  24. My van was damaged when it was towed away by removal company, they do not seen to want to pay for the damage, so we went to small claims court. The problem was that the address was filled in wrong, when I enquired about the case, I was infromed that it was stayed. In order to lift the case and enter the judjment I now need to fill in N244 form. I am stuck with a few fields... Can anyone help me please... sorry for a couple of spelling mistakes... What do I fill in in no3 Box 'What order are you asking the court to make and why'... Do I need to attach a draft and what is it... What level of Judge do I need.... What information will you be relying on... What do I write in no10 box...
  25. Dear All hope you are well , I am new here , I got hearing court on 9th Feb 2011 . I am disputing bailiff expenses and charge certificate and order for recovery to revoke . this is copy of my statement : I am writing this letter as a support statement to my case filled on N244 form explaining the series of events that took place after receiving an initial Penalty Charge Notice on the 29-11-2010. Once I had received the PCN I appealed the charge on the 05-12-2010 stating why the ticket was issued to me incorrectly. (Evidence attached) to which I received a reply from the borough of Hammersmith and Fulham on the 15-12-2010 stating that the PCN that was issued was issued correctly and I have 14 days from the 15-12-2010 to pay a reduced fee of £60 or I would have to pay the full £120 after those 14 days. The letter also mentioned that if I did want to make a formal appeal against the PCN I would have to wait to receive a ‘Notice to Owner’. On 06-01-2011 I received the Notice to Owner from the Borough of Hammersmith and Fulham which again stated the PCN and also stated that I had to either pay the amount of £120 with in the 28 days or failure to do so would results in a Charge Certificate being issued and an increase the amount by 50% making it a total amount of £180, to avoid this increase a representation would have to be made within the 28 days of the letter being issued. On the 21-01-2011 I made a representation to the Borough of Hammersmith and Fulham using the guidelines that were provided for me on the ‘Notice to Owner’. I also asked them to pass the case to PATAS for further investigation and appealing process, furthermore on the same date I sent out another letter officially informing them that I will be changing my address in a month time and mentioning the new address. After I had moved to my new address I sent the relevant forms to the DVLA so as to update my address on time which was processed successfully. (Evidence available) after this I had not heard anything regarding my appeals from any organisation I called the Parking Service Department of the London Hammersmith and Fulham Borough to make sure they had received my updated address and follow up the case as it has been a while since I had received any correspondence. The agent that I spoke to advised me that they do not deal with any case over the phone and any information regarding any vehicles address will be taken from the DVLA in any stage of the procedures, to which I was assumed that the delays with correspondence was due to the fact that there was an address change and the case was determined as successful as my evidence was strong. On 18-10-2011 I went to use my car and I noticed there was a bicycle chain around the front wheel – driver side, with a sticker on my car window asking me to contact a Mr. Anderson. I tried calling the mobile number on the sticker that was stuck on my window but it kept on going to voicemail and there was no reason to why the vehicle should have a bicycle chain on its wheel. I assumed it was illegal clampers trying to operate in the complex where I live. As I live in a gated community with private car park I asked the security and they did not have any idea who and when this chain was placed on the car, as all visitors have to check into security to gain access to the property and no one had regarding this matter . As this become more suspicious I turn to the local police station Ealing Police Station and called the police to report criminal damage to my vehicle. (Police ref no: CAD10009/181011 – Evidence Available) they also advised me to wait till the morning so as I could check with the person who clamped the car why the vehicle was clamped with a bicycle chain, which was strange for police as well but they could not intervene as ‘clamping’ is regarded as a civil matter/dispute. The next morning I called the mobile number on the sticker and I was told that the clamp was put on my vehicle due to the PCN fine that was issued to me on the 29-11-2010. I was shocked as I assumed all matter regarding this issues were solved as I did not receive any correspondence after the change of address or received any other notice that the vehicle will be clamped or I had an outstanding amount that I had to pay. After this event I filled in the Out Of Time Application to Traffic Enforcement Centre under the section of the London Borough Parking Contravention act of: “ I made representation about the penalty charge to the local authority concerned within 28 days of the service of the Notice to Owner, but did not receive a rejection notice” On the 20-10-2011 the bailiff came and removed the chain from my vehicle and I then filed an Out Of Time Application to which I received an answer of rejection on 17-11-2011 reason stating that I had received prior notice regarding the outstanding balance of my vehicle in the DVLA registered address from Local authority and bailiff, which is un-true. The statement above is backed up by the email that was sent by the local authority of Hammersmith and Fulham to the Traffic Enforcement Centre County Court Bulk Centre stating that “it is the legal responsibility of the registered keeper of a vehicle to inform the DVLA promptly of any changes relating to that vehicle. Indeed the law requires to presume that the details of the person registered at the DVLA is correct… the bailiff has also wrote to the respondent and attended at the registered address twice. ” I had updated my details and the vehicle details with the DVLA (evidence available) and also called them to ask them regarding this matter previously to which an agent replied that any information regarding the address change of a vehicle will be collected from the DVLA and as all my documentation was completed on time with the DVLA there should have been no reason why my correspondence should have been sent to my previous address and this case to take so long to get resolved. Also the only reason I had received the Notice Of Seizure of Goods & Inventory was due to the fact that it was stuck on the door of my old address and was given to the security by the current resident of that address. Leaving a letter open with all my details to be seen is a break of the Data Protection Act and it is embarrassing if one of my neighbours that might know me would have read it, the bailiffs should have given me proper notice and a final Notice of Seizure if it did reach that far to my new address as in my opinion they must have had my address as my vehicle was clamped in my new address in a separate car park. Although I did move in the same complex, the complex holds over 1000 residents and for the bailiff company to be able to locate the particular parking (my car) within such a large complex without confirmation with the security team in my new address signifies the fact that they should have had my new address and should have served me any notices at my new address. I kindly ask the court to review the court officers’ order at the Traffic Enforcement Centre and to review the refusal of my Out Of Time Statutory Declaration at a hearing. Due to the fact that I did not receive any correspondence to my new address after appealing against the Notice to the Owner and the bailiff should have had my new address and should have been able to send me any correspondence to my new address if they were able to clamp my vehicle in my new car park. I kindly ask the court to grant my application to have the bailiff expenses, Order for Recovery and Charge Certificate revoked. As this is a large amount and I am a full tie student and it is unfair as I filled all my paperwork on time. Thank you for your time and any evidence required regarding this matter is available on request. and sent their statement to me as well AND ALSO THEIR INVOICE for solicitor which cost £400 plus VAT which If I wont successful i need to pay this invoice as well I can send their statement as well if needed please help
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