Set Aside advice

[hull242]

Hi - I posted a few weeks back regards to an issue i had with HCEO.

 

A judgement was placed upon my business without my knowledge and HCEO turned upto my shop demanding £3000. This was 50% more that I owed(£1950), I paid the bill

 

I was given sound advice on this forum to apply for a set a side to try and claim back the fees imposed by the baillifs. I did so and had a hearing at Bradford CC on 28th Sept.

 

I have since received a letter from Optima Legal(representing RBS whom I owed the money to) saying that as the balance had been settled and therefore the judgement, they have requested that the hearing is cancelled - this has been done.

 

I spoke with the court, they said as they were just 'in the middle' I needed to speak with Optima Legal to sort out my issue. I did this today and they told me I have no hope of claiming the money back from Sherforce(HCEO) as they would then invoice Optima Legal for the fee(£1000) - which they would never pay.

 

Could someone advise me where to go next please. I have followed your advice but now seem to have been fobbed off.

 

Your help would be appreciated.

[postggj]

What was the result on the hearing

[IdaInFife]

also moved to legal issues

[ploddertom]

You should still go ahead with the set aside hearing. It is not up to the Creditor to cancel the hearing - they may object to it but you are due your day in Court. From what you say you have a very good case to answer and set aside will probably be granted.

 

It doesn't matter that you have satisfied the Judgment - incidentally was it paid within 30 days of Judgment being awarded. If you were to win the case goes back to beginning all the HCEO fees have to be refunded. The fact the Creditor may be saddled with their costs is not your responsibility - they should have taken more care originally when issuing the initial proceedings.

 

PT

[hull242]

OK - Thanks for the advise. The judjment was settled outside the 30 days as it was only when the bailiffs arrived i was aware of the situation.

The fact that it cost me £75 to apply and the creditor to cancel it without notifying me also annoyed me.

I shall contact the court tomorrow and arrange the date again

 

Thanks

[ploddertom]

You also have to bear in mind that as it was settled/paid after the 30 days, if things were left as they are you can only have the Judgment marked as Satisfied & visible for the next 6 years, whereas with Set Aside it will be removed altogether.

 

I fail to see how the Claimant can have an application cancelled that was started by yourself. In my view you still need to go ahead. I can definitely talk from experience as my Seat Aside was heard after I had paid up - circumstances were very similar to your own.

 

PT

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.