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

[ploddertom]

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

[EzyChic]

The best bit is, if it's quashed and I claim fees off them..... And they have to pay the original Costs and solicitor etc.... They'll be more out of pocket then if I hadn't paid at all.

[ploddertom]

You're certainly catching up quickly.

[EzyChic]

Surely they knew I'd contest it when I got it? So why?

[brassnecked]

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

[EzyChic]

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!

[brassnecked]

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

[EzyChic]

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.

[ploddertom]

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

[EzyChic]

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.

[EzyChic]

Is anyone about who can just check what I have put on the N244 form?

[hallowitch]

Is anyone about who can just check what I have put on the N244 form?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?313179-High-Court-Enforcement-Officer-Help-needed-URGENTLY!!!&p=3490230#post3490230

 

have a look at PT post 16 is that what you are lookin for

[EzyChic]

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....

[hallowitch]

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

[EzyChic]

Thank you. Knew I should have finished my A-level law. Ha ha.

[EzyChic]

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?

[ploddertom]

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

[EzyChic]

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

[ploddertom]

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

[EzyChic]

Of course - where can I get their names to do that?

[EzyChic]

Ah - done it now

Let me know what you think.

 

Ezy

[EzyChic]

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?

[ploddertom]

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

[EzyChic]

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

[wonkeydonkey]

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