Jump to content


  • Tweets

  • Posts

    • The important thing to know is that MET - although they will send you threat after threat about how they will divert a drone from Ukraine and make it fall on your home - hardly ever do court. Even in the very small number of cases where they send court papers, if the Cagger defends, they drop the matter before the hearing.  They have no real intention of putting their rubbish claim before a judge.  The aim is to find motorists who are terrified of the idea of going to court and who will give in when the court papers arrive. Thanks for doing the sticky and well done on finding F18's thread.  Do what they did.  On the first page - I think post 19 - there is the address of the CEO of BP.  Write to them, lay it on thick about being genuine customers in the various premises, mention the small kids, the very short stay time, attach any proof of purchase - and request that they get the invoice cancelled.
    • Thank you for that, I have obviously already been convicted so I think the appeal lodged is for the previous offence? Sorry if that doesn’t make sense. I suppose my only concern is that weds I go there and they don’t let a stat dec happen. If they do then as you say and solicitor says it’s highly likely I’ll be happy with the outcome. But I’m being told there’s no guarantee for the stat dec to be hard Weds as that’s not what the hearing is proposed for. Solicitor has stated that you can put a stat dec before a magistrates at any time so it shouldn’t be a problem.   
    • I re-read the extract from your  solicitor's letter this morning and think I might understand what they have in mind. I believe (and it’s only a guess) their strategy is this: 1.    You will make your SD 2.    You will enter fresh pleas to the four charges (not guilty) but will offer to plead guilty to speeding on the understanding that the FtP charges are dropped. 3.    If this is accepted they will attempt to argue that the two offences were committed “on the same occasion” 4.    You will be sentenced for those two offences (the sentence depending on whether the “same occasion” argument succeeds). They also have a plan in the event that your offer at (2) is unsuccessful and you are convicted again of the 2xFtP charges (and so face disqualification under “totting up”): 5.    They will make an “exceptional hardship” argument to avoid a ban. 6.    If that is unsuccessful they have already lodged an appeal in the Crown Court against that decision. (This is the only “appeal” I can think of). 7.    They plan to ask the court to suspend your ban pending that appeal. If I’m correct, I’m surprised the Crown Court has agreed to accept a speculative appeal (against something that hasn’t happened). The solicitor says this is to lodge it within the normal timescales. But you will have 21 days from the date of your conviction (which will be next Wednesday) to lodge an appeal with the Crown Court, so there is no need for a speculative appeal. I have to say that an application to have your ban suspended pending an appeal is unlikely to succeed. The Magistrates Court is unlikely to agree to it for one very good reason: if they make such an order (suspending your ban until your appeal is heard), all you need to do is not to pursue the appeal and the Magistrates order suspending your ban will remain in place. Hey Presto! No ban and no need for you to trouble with an appeal. Perhaps he will ask for your ban to be suspended for (say) three months or until your appeal is heard (whichever occurs first). This potentially creates a problem because if your appeal is not heard in that time either your ban will kick in or you will have o go back to court to get the suspension extended. But the solicitor obviously knows more about these things than I do. I would want to be very clear about this solicitor’s fees and what he proposes to charge you for. As I said, there is absolutely no need to lodge an appeal with the Crown Court. That can be done if and when it becomes required. But I am still firmly of the opinion that it is overwhelmingly likely that you will not need to progress beyond point 2 above. Point 3 is optional and I don’t know whether he solicitor has made It clear to you that the only thing you will avoid in the event of success is three penalty points. You will still be fined for the second offence and your driving record will still be endorsed with the details, but no penalty points will be imposed. Do let us know how it goes.  
    • I'm really trying, but worst case I can't find what are my options?
    • John Lewis' Privacy Notice states that their CCTV Systems does not use facial recognition or collect biometric data - so I assume it should be fine?    Thank you a lot for your reply. I've scheduled my first therapy session ne t week. Really the time to turn my life around..
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Out of the blue Bailiffs turned up for a ccj I didn't know about. - **SET ASIDE AND COSTS AWARDED**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4637 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

At present they would refuse payment as they would likely insist on you paying the charges they have been put to - Court Fee, Solicitors Fee + Bailiffs Fee and to a certain extent I would agree with this. However in your SetAside application you make reference to the fact that as you never received the original documentation and were therefore denied the opportunity to defend/counterclaim/make offer of payment you do have the monies for the original demand and if necessary are prepared to pay that sum into Court as a gesture of good faith.

 

The Claimant will no doubt disagree but in my view they should have made sure they sent to your current address in the first place as they are going to be out of pocket over this if your Set Aside is successful, because it was solely there fault you should be able to ask for your Court Fee back + any costs of the day.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

  • Replies 212
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

They probably thought you would be so scared of the effect of the CCj on your credit rating that you would pay it and the fees off to "satisfy" the disputed debt, and they would be able to bury your complaint. The thought you would consult on CAG and be told they had been very naughty indeed getting a default judgment by using your former address, and you have the right to apply for it to be set aside didn't even enter their tiny minds imho

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

Would that be why their solicitor hasn't replied to my email detailing my correspondence with them; asking for the recordings or at least transcripts of these apparent calls; and saying I'll be seeking independent legal advice then? They were very excited to talk to me yesterday. Now, not so much!

Link to post
Share on other sites

Would that be why their solicitor hasn't replied to my email detailing my correspondence with them; asking for the recordings or at least transcripts of these apparent calls; and saying I'll be seeking independent legal advice then? They were very excited to talk to me yesterday. Now, not so much!

 

Have you printed out any emails from the solicitors claiming they have recorded phone call evidence of them speaking with you? If not do so and put them on burden of proof that these exist, so that if they don't this can be used in your defence pack, as any statement to the effect that the recordings are "lost" or "deleted" completely devalues and renders any purported transcript as fiction

 

i would say they are anxiously looking for a way out at this stage, and are a little worried

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

No emails. They told me this over the phone.... Is it likely that they said they had recordings from me in the original hearing??

 

It's making more sense. On the phone yesterday when I started asking questions, we got cut off, I thought maybe he's caught the phone accudently an hung up. Maybe it wasn't an accident and they just wanted me to go away.

Link to post
Share on other sites

Solution as said by others - send them £10 for a Subject Access Request - well worth a tenner for the fright it may give them. The boot is on the other foot now but do not mention anything about applying for Set Aside or any other action.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

Aren't they likely to just take out the dodgy bits if I do a SAR?

 

As I'm thinking about this - won't a judge ask why I didn't make sure they cashed the cheque? - I just assumed they had.

Link to post
Share on other sites

I have used that, I was worried about the wording as in do I speak in first person 'I' and them? Or third person 'The defendant' and 'the claimant'. Or 'I' and 'the claimant' or 'I' and 'the claimants name'? Kind of thing....

Link to post
Share on other sites

I have used that, I was worried about the wording as in do I speak in first person 'I' and them? Or third person 'The defendant' and 'the claimant'. Or 'I' and 'the claimant' or 'I' and 'the claimants name'? Kind of thing....

 

 

Ohh cant help you with that but im sure PT will be on later

Link to post
Share on other sites

I guess anyone can help me with this... how much evidence do I put in the evidence box. Everything that's happened? (I can be concise). Do I send copies of email correspondance, letters etc, or is that for another time?

Link to post
Share on other sites

The correct terms to use are Claimant & Defendant. In the Witness Statement you should bullet each point and list everything you have that you will rely on. Don't forget it is sometimes easier to do this on a sheet(s) of paper but you must sign & date it as a Statement of Truth at the end as well as again completing the Statement of Truth on the Form. Don't forget you will need 1 copy for the Court, 1 copy for your Claimant & 2/3 copies for yourself.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

Thank you - would you mind at all if I pm'd you with what I'm about to print off. I really want to get it set aside

 

I don't mind but for the sake of clarity you should copy in one of the site team. This keeps everything above board, I understand why you would be reluctant to publish on a public forum as the other side may then get advance warning.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

Went to court but the County Court bit was closed (I went straight after work). I have to go again at 9.30am and drop it in again. The lady there told me the warrant of execution would be suspended pending the set aside application - phew. She also told me not to worry about bailiffs anyway, she said not to let them in and they're powerless (didn't expect the court to say that). She did say the judge would decide whether or not I owed money - I do owe the original sum though.... Will I not still end up with a CCJ then anyway? Or not if I pay the original amount there and then? Is it likely they will make me pay costs? Or does only one person pay all the costs?

Link to post
Share on other sites

Well that sounds like a good start. It's not so much whether you owe the money - you have already admitted that - but the way in which it was done. They had your new address but still wrote to the old - a lot do this on the basis of knowing they will get an automatic Judgment against you which is easier to enforce, most would probably pay up and put it down to bad luck.

 

If you win your set aside then the process winds back to the situation where the documents are issued and if even if found against at that stage any CCJ paid with 30 days is not registered. Your Claimant may object and point out they have been subjected to costs - Solicitors costs, Court Fee, Bailiffs Fee - your counter argument will be if they had used the correct address in the first place none of these costs would have been necessary and therefore why should you pay them, and as you have had to go through this process you have incurred the costs of the Set Aside application + day off work? parking? mileage? childcare costs? etc.

 

If sense prevails then the Solicitor should realise he is in a corner and advise his client accordingly. Whatever happens you must go to the Hearing and take everything with you, make copies of everything so if the Judge asks you can provide him with what he wants.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

Application was made yesterday morning. Court said they'd be very surprised if bailiffs came back....

 

The court only took one copy of the application (I took in 4). I had written the wrong claim numbers on it though as I haven't seen the original documentation - the numbers that ibhad weren't right. Also found out it was heard at a court 150 miles away from me, not at my local court!

 

The guy said I could tell the other side if I wanted (I think I'll leave it as a nice surprise though).

 

Will they just photocopy my application and send out copies then?

 

I keep getting mixed emotions about whether or bot a judge will be sympathetic to my case or whether he'll just judge me as 'another debtor'.

 

They said I was unlikely to be able to claim back my £80 fee.

 

Will keep you updated.

 

Ezy

Link to post
Share on other sites

The Court will notify the Claimant of the date for hearing your set aside, its then up to them if they want to turn up and support their original application, if they do not bother they will not get a second chance.

 

If you have applied for set aside and are successful you CAN claim your £80 fee back when if/asked by the DJ to give your costs , make sure you write down every penny it has cost you to date and keep all receipts in case they are asked for in support of your costs claim.

 

WD

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...