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Found 167 results

  1. Hello, Please could I have some advice? I've just received a default judgment for a Lowell debt (well, the ccj is dated last month, but I have my post redirected from an old address back to my parents and I've only just gone to visit). I did know I had an outstanding debt from a capital one card, (but for some reason I still receive e-statements from them). They've sold the debt off to Lowell (for £2,552), and I've just had a letter saying that I have a default judgment against me. I have had no correspondence prior to this from Lowell, such as a notice of default, nor have I had any papers come through that would have enabled me to submit a defence. The judgment paper and the letter from Lowell were sent to my old address but redirected to my parents house, however I've not received any defence papers. Is it the court or Lowell who would have sent them? (Just to add, I've had a few problems with the Royal Mail's redirection service before, as not all my letters have been redirected back to my parent's address. Having said that, it seems funny that I've received the notice of ccj and a confirmation of the ccj from Lowell, but received nothing that would have warned me that they were submitting a claim for a ccj. I've had a look at my credit report and it appears that the debt was bought in oct 2013 for £2552, but the judgment is for £2849, (plus another £207 for costs) so I don't know why the debt has increased? Could I have it set aside for punitive charges? Also, it appears that they bought the debt in October 2013, but I moved from my old house at the end of October 2013, which is why I didn't have any knowledge that they'd bought the debt in the first place, so I couldn't have told them of my new address because I didn't know that they were chasing the debt. The only other letter I've received pertaining to this is one that was dated after the ccj was served, saying that a ccj was entered against me and I have 30 days to pay in full (the 30 days are up), otherwise it will remain on the County Court register for 6 years. Please could I have some advice on applying to have this set aside? Many thanks
  2. My brother just called me with a problem. He has had a lot of outstanding cc debt that I thought he was dealing with albeit slowly. However Arrow apparently have a CCJ for his MBNA CC debt and he wants to get it set aside. They said they are going to contest it and go for a charging order. He wants to know how he can contest this. He thinks he has been paying them a little each month but I know his debts are big and there are quite a few other credit cards chasing him. One other has got a CCJ and he is paying £100.00 a month. I told him to try to get a solicitor or a postponment to give him time to mount a defence. I dont think he doesnt want to pay just doesnt have £18000.00 and does not want a charging order ( or is it a restriction!!). Can anyone help? The court date is tomorrow
  3. Hi please can I get some help Faulty steam shower - retailer refuses to honour 5 year warranty In May 2012, I bought a steam shower, as it had a 5 year warranty from Heat and Plumb London, (they still sell these), there are several faults which have now made the shower unsafe if not impossible to use, I wrote to them last week after speaking to which legal (they give you advice but are now very busy) they said the shower was covered under the Sale of good act 1979, so I wrote to the retailer asking for the repair or replacement as it should have lasted more than 2 years.........they have come back and state the original supplier to them is now bankrupt and they can send me parts if I remove the old ones and send them the details of them and will have to charge me, I am not happy as the shower is not working and we have no resolution, I sent this email below and have still not heard anything from the retailer at all now since last week when they stated the supplier is bankrupt, so no warranty - I need to have a new shower installed this weekend as this is no good, and cost me £800 in 2012, I am having to pay another 500 for the new shower cubicle, now! I sent this last week! Dear Sir Sale of goods Act 1979 - defective shower unit - request for replacement and/or repair at suppliers cost. I have now taken legal advice in this matter, I can confirm that my contract for the purchase of the above shower unit which cost approx. £800 is with Purity Bathrooms T/A HEAT AND PLUMB, after considering the matter closely and due to the nature and cost of the appliance/shower unit, I can confirm that the durability and Quality of the product is not of satisfactory quality and failed to be fit for purpose. Sale of Goods Act 1979 Under the Sale of Goods Act 1979 goods must be as described, of satisfactory quality and fit for purpose. I can confirm that the shower Unit is not fit for purpose as this should have lasted longer than 18 months, moreover the shower steam unit has failed and so has the thermostatic selector for the shower, in addition the build quality is of a inferior design, which has caused these failures, I must also inform you that the reason for buying the shower at such a high cost was due to the 5 year, warranty which you supplied as part of the sale. The contract remains with Heat and Plumb, therefore I now wish to replace the Unit as there is no guarantee for this item and the terms of the contract has been broken by your Company, accordingly any product you now supply (replace) must be of a suitable quality, under the terms of the Sale of Goods Act 1979 and must be as described, and of satisfactory quality and ad fit for purpose, unless you are prepared to supply me with a shower unit which you can now guarantee to be as stated, then I will expect a full refund by return. I await your written response by return and give you no more than 7 working days to conclude this matter and either send me a satisfactory and fit for purpose shower unit which will last longer than the warranty, or send me a full refund, failing which I will have no other option but to issue a County Court claim for damages and loss, which will include legal costs and costs for time to issue proceedings. Please send your response in writing only so there is a record of this issue and I look forward to resolving this matter as soon as possible. Kind regards
  4. GM firstly a note to say this is a temp. thread as all of my previously started threads are currently lost in cyberspace. Bit of history:- Credit card first taken out in August 1999. Hubby always been self employed. DMP started in 2008 Stopped payments in 2009 and account charged off and has since been passed to several DCA's but I have dealt with them all by CCA requests which none have been able to comply with. SAR requested in March this year in an attempt to get the CCA and all statements to do PPI claim. Information received in June. Looking through the mountain of paperwork received it would appear that the account was opened in 1999, but then in 2001, closed and the balance transfered to a new card, which is the account being pursued. So, I have received some, but not al,l statements from original account, and application form/agreement (presume it's the CCA) that has been filled in by bank, PPI selected by bank and clearly stating self employment status so shouldn't be a problem claiming this back. However, Lloyds still have not supplied a CCA for when the transfer took place, they have so far sent me 3 reconstituted agreements following my CCA request for this account, but what they sent relates to the previous account. I'm flummoxed ! - and pretty annoyed at their suggestion that I am trying to "write off a legitimately owed debt " I have written to them several times pointing out that I am not trying to do this, but I am just trying to confirm the amount owed either by me to them or indeed them to me. They just keep sending me duplicate letters. I might be being pedantic, and perhaps I should just go ahead and send claims for both accounts, but without the CCA for the later account I'm not sure if both accounts are 1 in the same. There is nothing in the SAR paperwork that indicates the closing of 1 account and transfer to new account other than the statements and 2 account numbers. I don't trust Lloyds (or any other bank ) as I have several disputes going on with them at the moment and have learnt that will do anything to avoid admitting responsibility. I've spent hours and hours going through others' threads trying to find a similar situation but no joy. Any advice or suggestions as to where I go from here?
  5. whoops, buried my head in the sand a little with this one. Egg obtained a Judgement by default against me. I have never CCAd them. I have today received Interim Charging Order. I have had depression for 2 years but am now ready for the fight (if there is one I can have) Thanks for any advice
  6. Hi, I'm looking for advice/comments etc please I was made bankrupt 3 years ago and within that bankruptcy was a loan to a building society. Recently a letter dropped through letter box stating that my wife owed the money and that it was going to court in northampton. Immediately applied on their online service to state that she would be disputing the debt and wrote to them with a request for the original documents to be provided, which they seemingly ignored, the next correspondence was a judgement made against her saying that she was liable for the debt. Have applied to the court (hearing this Thursday 14th) for judgement to be set aside. We genuinely cant recall whether it was a joint loan, or just taken out by me, and wife says that if proven that she will arrange to repay, but as we are not sure, we have taken this course of action. What prospects do you think that we have?
  7. On Easter Saturday I was browsing the internet looking for a cheaper insurance for a newer car I was picking up that day. Found it and signed up straightaway. I realised that my NCB wouldn't apply I then phoned the company I had for my older car (still on the road) to cancel that insurance to release my NCB certificate. The chap I spoke to said he would ring me back as he felt I was being hasty (and I now agree with him). The policy had only been in force for about 20 days so missed the 14 days cooling off period. He didn't ring me back so I don't even know if the policy has been cancelled. I now want to reinstate my old policy to cover the newer car as well. The MOT on the older car runs out tomorrow and is in the garage right now (probably not going to get through!). I had to add this to my new car policy so won't get that premium back. I did it all back to front and now realise I should have phoned my company first before hitting that send button on the website. I want to change back to the other company but feel embarrassed as I had got myself in a state of panic as I needed the new car covered. This is costing a fortune and I haven't driven anywhere yet. I wonder if I should just cut my losses and insist on a NCB proof as soon as possible.
  8. Slightly complex claim here. I topped up an Egg loan at the beginning of 2007. The total cash amount of the loan was £9331 and the payment protection premium lent was £1730.85 with the total amounts payable at £10668.00 and £1979.04 respectively. I subsequently defaulted on the loan and it was sold to various debt collection companies, ending up most recently with Arrow Global. They stated that the purchase balance of the account was £8193.79, down from the £11061.85 advanced by Egg. Added to the complications, I now live in the USA. Restons for Arrow Global obtained a CCJ by default judgment against me and I applied to have it set aside once I found out about it. I ended up deciding to settle with them and we eventually agreed on £3000.00 in full and final settlement of the account. So I have effectively repaid £5868.06 of the debt, plus whatever interest that I'm unable to calculate. In the meantime, over a year ago I was sent a letter by Canada Square Operations asking me to complete a complaint questionnaire, as I belong to group of customers who MAY have been affected by a PPI policy being mis-sold. I never sent it as at the time I still owed the debt. The letter they sent noted that the debt had be sold on to another company and asked permission to contact them to find out the status of the debt. Since I have now settled the debt I filled out the questionnaire and sent it off. I'm wondering what I can expect given the circumstances surrounding my case. I'm also wondering if they will respond to me at my US address?
  9. Hi there, In 2007 I was the victim (like many others) of the aggressive tactics of Turnbull Rutherford Solicitors in conjunction with HFO Services (they are actually the same people, or were then - HFO bought unsecured debts and Turnbull converted them to secured debts by a court order, on an industrial scale). At the time in 2007, I was ignorant of what I should have done, which was to question the validity of the contract by making a Subject Access Request. But as I didn't know about this I had no option but to complete the N9A and offer to pay by instalments. Turnbull/HFO wanted all the money and it was in their interest not to accept instalments, therefore they pretended they had not received the N9A, thus making it look as if I had not responded. The court then naturally found against me by default. Turnbull/HFO further muddied the waters by making up another bogus case which was subsequently struck out by the judge when it was discovered that the case did not actually exist. My first attempt to set aside this CO was unsuccessful because the district judge seemed to be beguiled by the paralegal who showed up to defend Turnbull/HFO. Also, by what the judge seemed to be saying, he had not actually read my witness statement. The judge dismissed my claim. I have full documentation covering this case, including all court papers and over 20 exhibits. Since this fiasco the FCA have asked to see this documentation and I have supplied them with copies of everything. As the account is in dispute I have stopped paying the £55 a month I was paying to Turnbull/HFO by standing order towards this fraudulent account. Last week I received a letter from HFO Capital (HFO Services had passed the account to their alter-ego HFO Capital) demanding the restitution of my standing order. I phoned HFO about this. I told the person I was speaking to at the start of the conversation that I was recording the dialogue. I then told him about the letter and reminded him that it was a criminal offence to demand money while an account was in dispute. At this there was a complete change of attitude! He told me that it was a terrible mistake and to "just ignore the letter". I have paid Turnbull/HFO nearly £2,000 for this fraudulent account and I seek to set aside this court order, recover my money, including all prior legal costs to date and clear my credit profile of this unjust item. I also seek compensation for the time I have been obliged to spend trying to clear up this appalling mess (by my reckoning about 80 hours and the distress caused. HFO Services and their associates HFO Capital and Roxburgh UK, all debt purchasing companies, have been barred from holding a consumer credit licence by the old OFT. Additionally, Alastair Turnbull has been barred from the group consumer credit licence of the Law Society (a hitherto unprecedented decision by the OFT) as a result of his illegal activities and has clearly brought the reputation of the law into disrepute. At this stage I would welcome the help of a solicitor to set aside this court order and to restore some justice in this matter. I would welcome any suggestions on this forum. Thanks.
  10. I think I know what I am doing but just need it confirming. I have a CCJ against me for £1007 issued 9/9/14 Yesterday I received a letter from a HCEO it says Sum Outstanding £1118.75 Interest £3.09 Compliance Stage Fee £90 Total Sum £1211.84 I am going to my nearest County Court that deals with High Court Matters. It is my intention to make an application for a stay of execution (N244) and also an application for a variation of the order as it was a forthwith judgement. Just to murk the waters a little, I received a letter from a DCA after the CCJ was issued telling me to contact them within 14 days. I havent nor can I for the love of me find this letter. Couple of things, is that correct. Fill a N244 for the stay and N245 for the variation of the order. I will try and take them first thing and have ask for a Judge to do it their and then. And other advice received with thanks Sorry, any idea why the amount owed has gone from £1007 to £1118.75 within a month? Also if the value is incorrect on the writ, can this be grounds for it to be nil and void? Thanks
  11. I know that one of the rules that the lender must do is provide you with a statement of what you owe e.g. outstanding mortgage pus arrears prior to applying for repossession. Is the repossession hearing allowed to take place, and, or is its outcome valid if; It is proved that the account was in dispute over the balance claimed by the mortgage lender. It is also proved that the balance was incorrect. If so how hard is it to have a suspended repossession order set aside.
  12. Some 43,000 borrowers are set to get compensation after a High Court ruling over the wording of documents sent out by former bank Northern Rock. Northern Rock Asset Management (NRAM), the nationalised "bad bank" remains of Northern Rock plc, will have to pay £261m in refunded interest. The case related to Northern Rock's "Together Mortgage", and questioned the wording in past loan documents. NRAM is now considering whether to appeal against the ruling. The total payout is expected to see each affected borrower refunded an average of about £6,000, with the total overall bill being paid in part by the UK taxpayer. The compensation will come in the form of a shorter loan period. The Together Mortgage allowed unsecured loans of up to £30,000 alongside mortgages, to be repaid at the same rate as the mortgage. But the High Court said paperwork relating to unsecured loans of between £25,000 and £30,000 pounds taken out between 1999 and 2008 were incorrect, and that customers should be paid back interest and fees. http://www.bbc.co.uk/news/business-30413572
  13. I run a local work club where I help people with IT problems such as setting up email accounts, UJM accounts, CV building, basic Maths and English etc (voluntarily) and we had a new person arrive today in tears. It was his first time signing on and in his own words has no idea about computers, never used one, doesn't know how to turn one on etc. After calming him down and telling him I was there to help he told me on his very first visit to the JCP that unless he has an email account set up, UJM set up and a CV printed and saved he would 'be liable to sanction' Bear in mind he has no skills IT wise and only very basic English and Maths skills and no PC access he would not have a clue how to do any of this and would have risked no benefit money and an automatic sanction on his second visit. I told him that the JCP adviser was a bit extreme and as long as you initially show evidence of what you are doing to find work the email account, UJM and CV can be done in the coming weeks. He said he would do this to his adviser but the adviser, or coach or whatever they are called this week said it has to be done by his 9am appointment on 25th. Luckily he used his common sense and found the work club and I was able to do it all for him this morning BUT me doing it doesn't solve the problem, he needs help and training to do it himself especially if using UJM and email regularly. In my opinion the adviser/coach has set him up to fail at his first hurdle. He then told me the adviser/coach wants to see evidence this had been done so I printed a copy of his CV, noted his email address and password on paper and his UJM gateway code and advised him not to show his password to the adviser/coach. He also said he has to tick the authorisation on UJM, I said "leave it unticked, it is not mandatory for you to let them have access" but I wondered should I have done this to save him aggro - if he gets pulled on it I will fight his case for him. All in all, as the title says, I think he has been set up to fail from the start. In other news, unemployment is down, funny that being the summer season, but now that is over let's see the next set of figures - oh, and what about the thousands moving to ESA from JSA?
  14. My friend was issued with a summons which he wished to defend because he believes the DCA has no authority to pursue, and this was going to be the mainstay of his defence. He acknowledged service, asked for 14 extra days and sent SAR to DCA. DCA claim debt has been assigned to them by OC. DCA replied to SAR and stated that they couldn't provide breakdown of account, interest etc or provide CCA because it was with original creditor, and he would need to write to them. He was late filing defence when he went to do it there was an error at moneyclaim online. They acknowledged error and said give it 24 hours then log back in. Logged back in day after and it said judgement had been entered the previous evening. He's applied to have judgement set aside on both grounds of error on website and his belief that DCA dont have the authority to enforce judgement. Set aside has been acknowledged and hearing is in two weeks. What does he need to do now, if anything.
  15. Hello, I got a CCJ and didn't defend it in time. The judgment was entered and since then Robinson Way have gone for a charge on my property. I have tried to stop that by offering to pay something in installments. The case has had to be moved from our local courts to one in the nearest city as it has closed down. What I would likt to know is is there any way I can perhaps ask the claimant to produce documents and if they fail have the case set aside or has it gone way past that now? Hope someone with some knowledge can lend a hand to a normal joe.
  16. Hi, My partner recieved a stat demand for 46,000 for rent arrears. the demand made a claim that a lease from april 2011-april 2014 had incurred 46,000 arrears. she requested a hearing to dismiss the demand. she provided bank statements proovein she had paid all rent during that period. she then told the judge the arrears claimed related to an earlier lease. she had a counter claim the landlord committed an act of fraud against her in 2011 for 123,000. she also provided evidence the landlord had waived arrears in the earlier lease. I had written to the landlord reffering to the arrears without her knowledge. The judge decided therefore I had acknowledged her arrears dateing back to 2008. he would not even consider her counter claim as it was in 2011. he dismissed her application to set asside statitory demand. awarding the creditor 1100 costs. we had reported three farmers for fraud. a parliamentary investigation upheld our complaint awarding us compensation. our landlord recieved 123,000 to support our business. he then told us he had given it back. we found out a year later he had kept it. Fraud. the landlord waived our rent arrears in 2008 in an earlier lease to support his application for funding. he lied to us over its existance then claimed the arrears. any idears would help. thanks steveeasy
  17. Hi Back in 2012 Ascendon applied for and got an eviction date from a suspended repossesion order from 2008. I posted on here and thanks to Ellen's fantastic help and advice I attended court and the judge suspended the order again provided I paid the monthly mortgage and £300 per month. At the time this seemed realistic and affordable but Ascendon kept on making things very difficult for me. They wouldn't change the payment date despite me not getting paid until the 10th of every month and they insisted I phone up every time.However by sept 2013 I was completely up to date with the mortgage but my business has struggled over the last year (due to a restructure of the company I work for) and I've fallen behind with the mortgage again. They have now gone back to court and obtained another eviction date, set for Thursday 23rd October 2014. My questions are:- 1. How long does a repossession order last-as it seems to just sit there indefinately and as soon as I'm a couple of months behind they start proceedings again. They know I'm self-employed and they always get their money but they are so inflexible and keep adding on countless charges. 2.I never get noticed of when they go to court to obtain an eviction date-is this right ? I just find out from their solicitors letter, which by the time it arrived this time gave me 2 weeks notice. 3. I will fight again to get the eviction date suspended, but I can't remember what to put on the n244 etc (I lost all copies of my previous eviction when my house flooded) Can anyone help ? Thankyou
  18. Hi I defaulted on my LloydsTSB Mastercard back in late 2008 (I lost my job of 15 years a few months before), I paid the minimum £1.00 a month until summer 2010 when my debt was passed on to Robinson Way and i've continued to pay them £1.00 a month and still do. During this time I was diagnosed with Parkinsons and Type1 Diabetes and a few other things (Leg amputated) and am surviving on only sickness benefit. My local LloydsTSB which is literally about 50 feet from my front door has recently been converted to a TSB branch I decided to take the plunge and apply for their basic account because i'm tiring of travelling into town to the nearest NatWest atm where i've banked since I left LloydsTSB or the nearest Post Office to draw my money out. This is a question about the right to set off between accounts. Can Lloyds raid my TSB account to pay towards my old credit card debt? Do they even care about the debt anymore since they passed it on to someone else? According to page 5 of these recent Lloyds/TSB transfer terms and conditions they have waived the right to set-off between the two 'new' banks even while they both remain within the same banking group - and next summer TSB should be entirely out of Lloyds Banking Group altogether when it is floated off. Am I reading this correctly or should I still use NatWest for my benefit payments at least until TSB is totally independent. Thanks for reading.
  19. Hi, Lowell Portforlio 1 LTD made a claim against me in the North Hampton County Court... To cut a long story short Lowell discontinued the case and it was set aside by the courts. There is no CCJ on my credit file for the case BUT it still shows as a default.... I would have thought that the CCJ and anything associated with it should be removed from the file.. I contacted the Registry and they informed me that they only can take remove CCJ's not the default.. Is there a template letter that i can write to Lowell to let them know i have a Certificate of satisfaction/Cancellation and why is this still on my credit report as a default? thank you
  20. Hello, would like some advice if possible... I had a current account with Halifax, which had a direct debit going out each month. I opened a savings account and transferred most of the money into that. I moved to a different address and forgot to change my address with them as I was really busy studying. I later found that my direct debit wasn't being payed, and that the current account had gone into overdraft which I was getting charged for. I found out that they had taken the money from my savings account to pay off the charges they had given me and then closed the account. The person I talked to at the bank told me this and didn't say anything else about any more money owed to them. It was really annoying as I had over £1000 in there which had just been eaten up by extreme overdraft charges. But I left it and just thought it was a harsh lesson for me to check my account. But then I started getting phone calls from Cabot finance. After a while of not even answering them I was curious what they actually wanted so I answered. He asked for my address which I didn't give. Then started talking about a debt I had no idea what could be. I found out he had my old address on file and they had sent a letter there. So I went to my old address to get the letter and it said they had bought the account from Halifax. It was bad enough Halifax had taking all the money from my account, but now Cabot wants £166.89 from me as well. God knows how much more they will try and charge for interest as well. Needless to say I am not keen on handing my money over to these blood suckers, and I don't even have the money to at the moment. I am living in overdraft and it's hard enough to make sure I have money to pay the rent. I'm not sure what the best thing to do is.. .do I try and reclaim the Halifax bank charges? and just not answer to Cabot? I haven't given them my new address..
  21. Hi New to forum need advice regards CCJ Have letter from country court judgement entered against me regards debt £11.000 to BW Legal. Have been sent judgement for claimant (In default) and appeal form n244. I filed a defence but missed deadline. Requested information from BW Legal no response. I do feel there has been an abuse of process regards this claim. They have written letter saying that a statutory demand was delivered to my address, By a Receivables company. This did not happen, as I was at home for the appointment no one called. I also believe this debt is time barred as I have not had any contact with Lloyds bank for over 6 years. They have written here (Home address for a couple of months last year. I have also not been served or received a default notice from the company, BW Legal but on the claim form is states a default notice has been served and not complied with? I am appealing this judgement any help Thanks
  22. I went to court on Tuesday. My Mortgage lender was granted the possession order on 1 st charge of property but they have me back in court 7 days after the 28 days of the 1st Possession order granted on the 2nd charge on the property The mortgage is part of the same lending company as the secured loans. I wondered if anyone has come up against this. I did ask the mortgage advisor of the court to request for 56 days in court but the judge just granted 28 days. I don't know where this sits if I'm still in the property after the 28 days and they go for an eviction date 7 days after the 28 as I'll be at court on that date. I've sent my defence for the 2nd charges requesting 56 days for possession as I'm now finding somewhere else to live with 4 children in the property .I'm on low income so it would give me more time for a deposit if I rent privately. I've been in touch with My Local Council but it doesn't sound very good to be rehoused. Any advice most welcome.
  23. I have recently had a Set-Aside Application granted. I now need to remove the CCJ from my credit file. I have been advised to either obtain a certificate of cancellation from the court to send to Equifax, Experian and Call Credit or Send the Order to Set-Aside the Judgment the aforementioned credit reference agencies, is this correct? Are these the only three agencies? It seems all to easy for a creditor to be granted a Default Judgment and subsequent CCJ and when it transpires that the incorrect address and amounts are used and the Judgment is Set-Asided, it seems impossible or extremely hard work to have the CCJ removed and your credit file, in essence indemnified. Is there a way to return the credit file to its former glory of 999 as simply as it was obtained?
  24. Good afternoon all We have periodically received letters chasing a £1084.24 debt for Lloyd's tsb. The debt was either an overdraft or credit card and is appx 8/9 years old. Latest letters from Lowell's and Hamptons which threatens to pass to Fredrickson international Ltd who will apply charging order, warrant of execution etc. What should I do? Also we had failed IVA with debt free direct appx 7 years ago and other than annual statements from one creditor, Tesco we have heard nothing. We owed around 5 creditors appx 40,000. Should I worry? I think about it every day. Finally in process of selling house where we will have small amount of equity(30,000) Will this be affected? I guess no chance of a mortgage? We have no further debt, loans etc for 8 years. Help please:smile:
  25. Hi Not sure what advice anyone can give me and sorry it is long winded. Over a year ago my partner and I advertised for a part time admin person and were approached by a recruitment company who had obviously seen us as a possible lead! We are only a small business, but my partner decided to allow the RC to come to our house and discuss if they could help. I was not keen and left it to my partner. The result being she agreed to meet 3 applicants. She did not sign any terms and conditions, nor was she given any at that time, cost was not discussed at any time. An email from the RC asked us to return and sign them but none were attached. We then went away on business for three weeks. However my partner decided to try one applicant and informed the RC by telephone that she could start 4th Jan 2013 for one day a week. (During the time we were away an email was sent with the costs, which my partner did not pick up due to work etc) We then received an invoice for £980 dated 27th December payable immediately. I was a bit shocked by the cost (as was my partner) and was reluctant to pay as I had no idea it would be this much. I wrote and said that i would pay monthly ( as I believed that should she stop working I would not have to keep paying) We sent a payment and also said that no terms etc had been signed and costs agreed. The RC refused and started legal action and during this period the admin person informed us she was going to do her own freelance work and stopped any more work on 2nd April having completed about 6 or 7 days work in total. I received a court claim form etc. I lodged a defence and after agreeing to mediation I was told they had refused that, and a court date was set for October 14th. The RC replied to the defence and I replied to that and sent copies by registered post to the RC and the court. Now a week before the hearing I was given a date 14th October for an operation, that I had been waiting for, two years waiting, that's why I was on a last minute list if a space arose. I emailed the court and informed them of the operation and apologised for the short notice. I did hope that it would be postponed and foolishly said in the email that if they had to hear it in my absence I would understand believing if that happened they would look at my defence. I got an automated response, and heard nothing more and was out of action myself for nearly 2 months. To be fair I did forget all about it until March when I received a letter from a claims management offering to help after the judgement against us. I immediately tried to call the court and could not get through and emailed again on the 5th march asking for details and why we had not been informed of any judgement. Again I had only an automated reply. We then went away for work for another 4 weeks working and just after arriving back had a visit from the High Court enforcement Officer demanding £1908.35 and giving 4 days to pay. I rang the court again and after a fair wait finally got through and was abruptly told that my defence was dismissed and a letter of judgement had been sent out. I have never received any letter of judgement and would have acted if I had done so. I then applied to the High Court for a Stay and the County Court for a hearing to set aside, and was granted both. In my defence I thought I had a good chance of judgement in my favour for the following reasons. 1.The claim and judgement were not made out to our partnership, which they started with originally but in the name of our other business which is similar in name, but is a ltd company that trades under owns a cafe with different premises and registered office (my old accountants who were still listed on the Companies house website. I imagine they may have been sending stuff there mistakenly, and the HCE officers actually told me that they had gone there and were given my home address by them. I did send proof to the RC that it was the wrong company they were claiming against, in the form of separate headed paper and separate cheque books and accounts. We also have separate VAT and HMRC accounts and they are totally different types of business. 2. We never signed any agreement and only saw any terms and conditions when we were given demands for payment. 3. The RC had two of their employees, who were writing to both my home and my previous accountants. 4. The 'admin employee' had ceased any work after hardly any time at all and why should we pay any more than that. 5. There are other points I raised but those were the main defence. today at the Set aside hearing the DJ was not interested in any of this and stated that the original judge had dismissed my defence and any counter claim. I am certain he did not have any of the original documents from my reply to the RCs reply. I believe he was only looking at my application to set aside which had the email informing of my op, and the follow up email. He said 'what does it matter if the Ltd Company had the judgement as opposed to us personally' he also expressed doubt that I had not received the judgement, and I should have known that it had gone ahead in my absence. He was not interested in my email asking what had happened, or any info from the hospital. He would not let me explain anything, and he favoured the RC solicitor and I got quite upset as he would not listen and refused to set aside the judgement and said I should pay the original cost and court costs so about £1150. He also said he would not allow me to appeal without applying for permission. I am really angry and feel that it was already decided before we entered the room. What can I do now. Any help appreciated Jaw
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