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

[wonkeydonkey]

send it to HO it might just get un-noticed and banked in bulk I wouldn.t draw attention to it at local level.

 

WD

[EzyChic]

Will do that tomorrow. On reflection of ways to contact me. It's just occurred to me they had/have all my exes details. Phone number, address the lot - they knew we were on good terms and were ALWAYS discussing the account with him. It was in my name, but they were alwas more then happy to talk money with him. How about a statement from him as my evidence saying they didn't try to contact him either - I know they didn't because we're very close friends and he'd have told me. He's also aware of what's going in now - so had they have contact him at all - I'd have known.

[wonkeydonkey]

Yep I will work that into WS somewhere along the line.

[EzyChic]

Another spanner -

When I first sent the kids to the nursery it was called one thing (let's say nurseryA), sometime later it was taken over by another group (I now realise because nurseryA had a bad name and many had been shut down), let's call the other group nurseryB. Most paperwork still came through with nurseryA's name and cheques were always made payable to nurseryA. The claimants name on the court letter I have today is nurseryA, but, I go to nurseryA's website it directs to nurseryB. I just looked on companies house and nurseryA isn't there, only nurseryB.

 

I was only looking as it's almost a year and I wondered whether or not to make the cheque payable to nurseryB as that's now the name they use for everything.

 

(the one I sent last year was to nurseryA as that was the name I'd always put on cheques)

 

Did that make sense?

[Matt63]

The simple answer is Nursery 'A'. At this stage you are only reissuing a previously issued cheque that has gone astray in the post....

[EzyChic]

I have had a look again at companies house and I can see they changed their name last year, so am gonna send it to the new name on the basis, they aren't going to be able to cash a cheque in their old name as that company no longer exists - so there's no chance of them doing it.

 

(Name changed after I sent the last cheque - phew)

[EzyChic]

I agree with your friend send a formal written request for copies of the recordings.

Claim number:

In xxxx County Court

EzyChic

 

v

 

xxx Nursery

Formal Request

Date:

For the attention:

Mr caught telling porkies

Cobblers Solicitors

Liars Avenue

Bailiffworld

 

Dear Sir,

I formally request you provide Copies/Transcripts of the two recorded telephone conversations it is claimed you held with myself in respect of the above matter, to eliminate any doubt, the reference for this request is our telephone conversation of xxx July 2011 and the calls you alluded to having on file.

I trust you will treat my request with some urgency due to the scheduled hearing of the above claim for xx August2011 and, I anticipate you will fulfill the rquest within 7 days from the date of this letter.

Yours

Can you send me PM with what is on your N244 then I can use that as a base to expand your WS I have just noticed post by Matt63 and strongly agree with him about paying the debt immediately, then if refused they will be seen as being unreasonable.

 

WD

 

Email? or should we go for 'signed for'? (not written it yet). Bearing in mind I've had no reply to my previous email. This is quite good fun actually

[Cyberprog]

IMHO I suspect that your set aside may fail, for several reasons:

1) You acknowledge you owe the money

2) You deliberately didn't tell them your forwarding address, so any papers were served upon your old address as that was the last known address they had for you.

3) You didn't organise any mail redirection for a year or so from your old address - something a reasonable person would have done, or left a forwarding address at your old address.

 

However on the upside, they need to have behaved reasonably, and if they haven't done so, then the set aside may well be allowed. You'd be well advised to cancel the old cheque if under 6 months old, and re-issue a new one to the nursery.

If you can prove they got your final letter (which in hindsight, you should have sent recorded delivery as it was a reasonably important letter given you moved and didn't give a forwarding address to them) then this would (IMHO) constitute a reasonable defence (i.e. you had already attempted to pay, but the payment was ignored/refused at the time).

 

On the other hand, the whole thing is down to the judge on the day, some of them will be by the book, others will look upon it with sympathy, others will be having a bad day. They're all human remember! You'd be better off appearing in person, rather than by post though.

 

HTH, IANAL

[EzyChic]

Thanks Cyberprog,

 

I can't work out whether or not they did get the original letter and cheque, if they did why didn't they cash it and if they didn't why did they not say that when I mentioned the letter and cheque later in email correspondence.

 

The old cheque is over 6 months so would be no good now anyway. Reissued one will be on it's way later today...

 

It didn't occur to me to send the letter recorded back then, I had no reason to think they wouldn't get it, and if they hadn't, wouldn't they have told me?

[EzyChic]

I didn't organise mail redirection as I changed my address with everyone I needed to. I wasn't going to pay to have junk mail redirected, that's all I was likely to get.

 

I didn't expect a court summons to randomly show up. who would?

 

I'm worried now, although even if I lose it's not the end of the world.

 

I'm wondering if it's worth trying to get my own solicitor? Or not?

 

Ezy

[Cyberprog]

They're things a reasonable person might have been expected to do however

 

You could talk to a solicitor, and while I wouldn't advise against a solicitor you often get more leway with a judge when they deal with a layperson rather than solicitor vs solicitor. Plus you end up throwing more money at the problem and the only winners are the landsharks.

[ploddertom]

No solicitor needed

[wonkeydonkey]

Morning Ezy

 

WS will be done today,

 

No you do not need a solicitor, as Cyberborg says the Court will be sympathetic to you acting as litigant in person.

 

How long after you sent the cheque was it before you moved house, what I am getting at is, did they have ample time to write to you at your old address before entering into litigation on this matter.

 

You were not obliged to give them your new address or any contact details as you were not aware of any outstanding debt to them. Yes you acknowledged the money was owed and yes you were under the impression the debt was settled, also your email contact was an opening for them to reply to you and discuss any problems they had with the payment.

 

WD

[EzyChic]

Hi,

 

Not long cheque was send late sept, we completed on this house 30th Sept - we moved within a week or two. Isn't them an email in November (the beginning) because u thought they must have replied by letter-

They repkied via email asking me to conform my details - I did and they never replied again.

 

I stupidly assumed they were just ignoring me hoping I'd go away and take my complaint with me. And that infect is what I did, I really could t be bothered to chase the complaint any further - I had a new house, was also studying, working, being a mum and had just got engaged and had a wedding to plan - I could have gone to OFSTED with the complaint but just though 'b@lls to it, life's to short'.

 

Bloody wish I had have done now!

 

My hope is that a judge sees that I made contact with then which (thank god) they acknowledged - I made a reference to the cheque in the email and to the letter. They ignored me thereafter. That would have been a good time for them to say what cheque? What letter? They didn't!

 

If the judge doesn't see that and I lose, I gues at least it's caused them some inconvenience and I didn't go out without a fight.

 

Staying positive.

 

Thanks WD for help with the WS

[wonkeydonkey]

Is there any business connection between Nursery A and Nursery B? ie: are the run by the same management operating under a different name or was it a case of totally new ownership?

 

WD

[EzyChic]

A was bought out by B. The business is now Ailey registered in B's name. The cheque has gone to B's financial department (signed for) today. Fingers crossed.

[wonkeydonkey]

Then you do not owe this alleged debt to Nursery B in the first place? the alleged debt was owed to Nursery A, are they saying they bought the alleged debt when they bought the nursery?

[EzyChic]

A was bought by B before any of this. They sent me letters from B, but the claimant is A.

 

I don't know. Very confusing. I am thinking as A and B are one and the same - but as they use the trade name B now I need to send them the money.

[wonkeydonkey]

Ok I agree confusing.... When you sent your letter of complaint along with payment to nursery A had nursery B taken over at that moment in time? are Nursery A still trading?

[EzyChic]

I sent it to nursery B but the cheque was made payable to nursery A (I had always made cheques payable to nursery A on their instruction) - the claimant is down as nursery A.

[EzyChic]

OMG! Why did I not do this earlier - now I could be mistaken, I could BUT- I have a statement that the nursery sent to me with all the payents I have made etc. I have just cross checked it with my bankstatements. Now it would seem - get this, that there is over £600 NOT on the nursery statement that I have paid. I'm going to double check this, but if it's right. It'd seem they owe me money. I do hope so.

 

Thank goodness for internet banking

 

ezy

 

Will update if/when I am sure

[Cyberprog]

If they do, you can get it set aside and lodge a counter-claim

[brassnecked]

If they do, you can get it set aside and lodge a counter-claim

 

Yes that would be a good move and as hopefully your statements will show you didn't owe the money anyway, as you overpaid the claimant should then also cop for your costs and some fees for their bailiff...

[EzyChic]

It would seem THEY OWE ME £300! I didn't owe them in the first place. I have the invoice from them AND all my bank statements. BEAUTIFUL .

 

Unless they've missed something off the statement - which is their fault.

[brassnecked]

It would seem THEY OWE ME £300! I didn't owe them in the first place. I have the invoice from them AND all my bank statements. BEAUTIFUL .

 

Unless they've missed something off the statement - which is their fault.

 

Others will know more but I would contact the court, and ask to submit the statements and the invoice showing the overpayment, thus blowing their whole case out of the water and take advice about action against them for their muppetry in getting the judgment in the first place.

 

But I'm sure others will be ale to pinpoint the best way forward, anyway good luck on this EzyChic, you are on the home straight now