hfo

[coledog]

Think it is worth pushing this with the court and asking to speak to the Court Manager. Do not let it be dismissed by one minion who happens to answer the phone. You need to get to the bottom of this.

[DonkeyB]

Vanessa, did you receive a proper letter before action from TR? They will swear blind in court they did.It should have come in early December.

[broken arrow]

What is confusing me is why you did not receive the claim form, I know Christmas would have delayed it, but I would have still expected it to turn up.

[dadofholly]

What is confusing me is why you did not receive the claim form, I know Christmas would have delayed it, but I would have still expected it to turn up.

 

Thats something i keep thinking about too. but then she recieved a notice of the judgement. Even with a post backlog she should have got the claim by now. Thats why i asked if she is sure the judgement was from the Court.

 

Wonder what address was on the claim? -

[broken arrow]

Thats something i keep thinking about too. but then she recieved a notice of the judgement. Even with a post backlog she should have got the claim by now. Thats why i asked if she is sure the judgement was from the Court.

 

Wonder what address was on the claim? -

 

Thats why we really need to see the N30.

[broken arrow]

Which court did the claim go through?

[DonkeyB]

City of London - second instance of this. Weird.

[broken arrow]

Mr J Laverick

Court Manager

 

Mr V Cullen

Customer Service Manager

 

Tel 020 7796 5400

[vanessa82]

no i didnt recieve a proper letter before action i had no idea they were proceeding with court action, on a previous letter they sent me they advised me they were going to send me some statements once they'd received them from hfo.

 

In the letter I received from tr today about them denying phone call, they stated that they started legal proceedings on 18.11.2010, which i was never notified of !

[vanessa82]

will call the court manager tomorrow and see where i get with that

really appreciate all your help everyone thank you

[dadofholly]

will call the court manager tomorrow and see where i get with that

really appreciate all your help everyone thank you

 

Ask for him by name and if he is not available ask for the customer service manager.

 

Donkey is right - it's the second issue we have had with that court. Claim not arriving if i remember.

 

Sounds like there is something wrong with their procedures.

 

I take it the telephone number you have been ringing is the same as posted by BA

[vanessa82]

hi this the letter i received from court

yep will be using tel no from ba.

 

should i have received something from tr then to say starting legal proceedings?

 

http://i816.photobucket.com/albums/zz83/vanessa8282/img049.jpg

Edited January 12, 2011 by vanessa82

[coledog]

Thanks Vanessa - can read the details so you may need to remove/re-edit this. You have to get that claim form.

[DonkeyB]

On iPhone so can't alert a mod to delete - could someone ask a mod to ditch the scan?

[coledog]

Sorted - I think

[DonkeyB]

It is.

[vanessa82]

getting nowhere with the court tried ringing twice yesterday and again this morning and no answer. have sent an email and will try again later, is there any way at all I can get it set aside without claim form?

[dadofholly]

Well not having recieved the claim - and still being unable to get hold of a claim should be a good starting point.

 

Log all the calls you make to the court and the response you get. And keep copies of all correspondence as evidence.

 

The service you are getting is poor to say the least.

 

One of the guys who know more about set asides will be along soon.

[dadofholly]

Here is a link on how to complain about them.

 

http://www.hmcourts-service.gov.uk/infoabout/complaints/index.htm

[DonkeyB]

Vanessa, will you be able to record those calls when you do get through?

 

I would suggest you request a copy of the claim form from TR, but do it in writing by recorded delivery, and include an SAE.

[vanessa82]

Vanessa, will you be able to record those calls when you do get through?

 

I would suggest you request a copy of the claim form from TR, but do it in writing by recorded delivery, and include an SAE.

 

 

ok will send a letter to tr (with sae) and dont have anyway of recording the calls at the moment but could sort that out over the weekend and call again monday. Also I sent the email so that is in writing

[DonkeyB]

If all your reasonable efforts to get the claim form copy are deliberately thwarted by the court and by HFO/TR, then you can fairly apply for a set aside without sight of it, but your witness statement and evidence must be very clear. So yes, recording your calls will be of paramount importance.

[broken arrow]

ok will send a letter to tr (with sae) and dont have anyway of recording the calls at the moment but could sort that out over the weekend and call again monday. Also I sent the email so that is in writing

 

OK, as stated previous, letter to TR asking them kindly for a copy of the N1 claim form, if they do not reply don,t panic, you can do your set aside application, WS and a defence to suit your situation, just keep us informed.

[broken arrow]

If you have a smart phone you can get this App through CAG

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=167&a=206

[broken arrow]

If you do not receive a copy of the claim form, the order would be something like this-

 

In section of 3 of the N244

 

1 Judgment for the Claimant (in default) be set aside.

 

2 Claim form served on the Defendant.

 

3 Defendant to file a defence within 14 days of receiving the claim form.

 

4 Claim transferred to a court local to the Defendant.

 

5 Costs reserved.

 

No need for a WS , you would state your reasons in section 10.