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

[EzyChic]

Just tried that. They say it has now been transferred to my local court, so they no longer have the file. She told me what the original amount was (which is NOT the amount their solicitor said, or the amount that they said was outstanding). She said with fees it is now £xxx.xx which it £200 less then their solicitor said. the total was at with fees. She said to get the PoC there is usually a charge of £5 plus 50 pence per page - and I am unlikely to be able to obtain a copy before the set aside hearing. I guess all I can do is say to the court, I have not seen the PoC but have requested a copy. I was lead to belieive by their solicitor it was for unpaid fees, how ever, after close analysis of transactions between myself an the claimant my account was in credit and they in fact owe me money (as this has come to light I will be seeking to claim this back plus my costs). I have sent payment to the claimant for the amount their solicitor told me I owed them, as a gesture of good will, they have/have not cashed this. Judgement was obtained by default to an address the claimant knew was not my residence.

 

This whole thing is an absolute JOKE! It doesn't even make sense! Can all this be to discredit a complaint I made. Jeesh - to think I dropped it too.

[wonkeydonkey]

Correct me if I am wrong but:

 

You have a ccj by default and you have no idea what particulars the Claimant gave to the Court to obtain that CCJ.

Now that you are aware of this action you want to take steps to (a) set aside the Judgment (b)make a counterclaim

You cannot proceed further as you do not have any idea of the particulars of the original claim ... to which niether the Court, the Claimant or the Claimants Solicitor will provide.

 

Here you are mid afternoon on a Friday and no further forward . As a last ditch attempt phone and ask to speak to the Court Manager (record if possible) and put forward your argument.

[Cyberprog]

Why not ring the nursery and ask them to fax/email you a copy of the POC - they'll have a copy after all!

[EzyChic]

Tried again, spoke yo a lady who clearly thought I was a right donut.

 

She said write to them and they'll send it out within 5 days. They're closed now until Monday so will pop in on Monday morning if I don't get called into work.

 

She said it was definately for unpaid fees.

[EzyChic]

To be honest Cyber, I'd really rather not speak to them. I might give their solicitors a call though.

[Cyberprog]

Do that then. TBH I'd just give em a ring myself. Nowt to lose...

[EzyChic]

On to their solicitor - they have changed their tune.... will update shortly....

[Cyberprog]

BTW might not be a bad idea to check your credit record in case they've reported the debt on there!

[wonkeydonkey]

Ezy

 

No matter what they say you have them by the short and curlies, handle with care and this will come back to bite them big time!!

 

WD

[ploddertom]

BTW might not be a bad idea to check your credit record in case they've reported the debt on there!

 

Will be on there automatically as OP has CCJ against name.

 

PT

[EzyChic]

Right,

 

he was just writing me a letter apparently. Telling me his client would agree to the set aside as long as each partu agrees to claim for their own legal costs. Then I dropped in that they infact owed me money, and I was seeking to counter claim and claim the over payment back. Then he went quiet, he was very nice and said he couldn't advise me, but if I wished to do so I would need to send correspondance to him. I said I would send him proof of overpayment and if he would put that to his client that I would like it back plus my court costs. - He did say it may cost me more then it was worth to go to court (but they owe me more then they ever thought I owed them.

 

Also, he said he doesn't have recordings of calls with me, that was a misunderstanding. I bet it was!

 

Next step?

[Cyberprog]

I'd say do as the man says, send him the proof and give him a reasonable period of time to sort it out (say 14 days).

He would say that about costing you more than it was worth - but his client brought the action and should be prepared for the consequences!

He was also talking bollocks about "his client agreeing" - whilst that makes things easier, the Judge would make a decision anyway!

Edited August 12, 2011 by Cyberprog

[EzyChic]

They want me to agree to my 'costs' do I?

[Cyberprog]

Err, no, you want to be able to claim back the set-aside fee as well as any other costs. They started this, and should understand the consequences! If you have the proof, then they've not got a leg to stand on!

[ploddertom]

Assaid above you want your costs for the Set Aside application back. After all they started this and the Judgment they have says you notonly pay the monioes they allege are owing butyou also pay their costs - cost of application for N1, Solicitors fees, Warrant of Application fee approx total £350 at a guess. Now that the boot is on the other foot they want out, the Solicitor will be charging another £250 or so.

 

Point out to them you are prepared to go to Court and will be looking to recoup not only any overpayment you may be due but also £80 Court Fee, loss of earnings for 1 day - £150, mileage costs @ 70p per mile, parking costs - at cost etc. Once they realise they should just cough he is trying to minimise their losses.

 

PT

[ploddertom]

To help heap the presuure the Hearing date is looming and you will need to advise all is settled amicably. However do not lose sight of the fact you actually stillneed the Set Aside or for them to apply to have your CCJ annulled so you go back to having a clean history file.

 

PT

[EzyChic]

They have emailed me a letter, agreeing the judgement be set aside blah blah blah, they want a quick response. Can someone have a look for me and tell me what to respond with (rather do it as a PM as I don't know who's looking at this. I have sent them evidence of every single payment - they can look at that all weekend.

[EzyChic]

It's all a bit legal (I assume that's the point) - saying they won't object if each party agrees to costs. I assume they may also expect me to fork out the original sum as I said I would on the set aside application believing I owed it. I don't want to agree to costs, I want them to pay me what they owe me and my costs. Am i expecting too much?

[Cyberprog]

Maybe, but worst case, either way, I would imagine, is that you have to stump up your own costs...

[wonkeydonkey]

send the letter by PM do not post on forum

[wonkeydonkey]

This solicitor is going for damage limitation send it and I will tahe a close look

[EzyChic]

I will send it for you to have a look at and email. See what you think. Surely I can wait to see what they say about the overpayment before I agree to costs.

 

I will send it later as the kids are using the computer and I'll struggle to do it off my phone.

 

Ezy

[wonkeydonkey]

no probs ezy nothing else planned for the whole weekend lol

[EzyChic]

Wrestled it off them for long enough.

What do you think?

 

Ezy

[EzyChic]

I'm NOT going to settle. I'm going to pop over to the legal forum and see what they have to say.