Come home to a CCJ today WTF !!!!!!!

[unclebulgaria67]

Ok !!!! Am being thick. Was does BR mean please?

 

Yes. Bankruptcy.

[bigandyuk1]

Update and Help requested.

 

As advised above I filed form N244 with the fee and have been given a date on November 16th for the hearing. This is to be held via the phone. After I filed the set aside I recieved the following from the Vets solicitors:

 

Dear Mr Bigandyuk1

 

RE:

 

We write in regards to your application to set aside judgement dated 02/08/11

 

It is noted that you allege to have never received the court documnets sent to you or any

communications from us because of moving address.

 

We are however unclear whether you dispute the liability for the debt in question. If you do

dispute liability, can you please advise as to the grounds for this?

 

We await your reply.

 

I replied with the following:

 

Dear Sirs,

 

Re:

 

I write in regards to your letter dated 26th September 2011.

For your information I do not dispute having a debt with The Vets. I am however unable to be clear on the amount of the debt as I have not been in receipt of any invoices from the xxxxx Vets.

I will therefore be proceeding with the set aside as I did not receive any bills or documentation from the Vets, even though they had my present telephone number as they called me each day that my pet was unwell.

I will then be quite happy to look at the original invoice and pay it if I find it to be correct.

 

I then received an invoice from the vets and after checking it called the practice administrator and offered to pay the buill in full minus the legal charges that had been added. This was £800 and the legal charges were £300. The admin told me she would need to talk to the solicitor before agreeing.

 

Today I received a bundle from the solicitors as follows:

 

Re:

We enclose a further copy of our letter dated 26th September, to which we do not appear to have

received your response.

We understand that you have spoken directly to our client and have offered to pay the outstanding

bills but not the court fee, costs and interest referred to in the claim form.

We confirm that your offer is not accepted by our client.

We attach a copy notice we have received from Swindon County Court confirming your application to

set aside Judgment will take place on the 16th November 2011. We have also received the attached

notice from the court confirming that the hearing is to be by way of a telephone conference

We confirm that we will be arranging the conference. In order to do so we must provide the court with

your telephone number. Unless we hear otherwise from you, the number which we will provide is that

set out in your application notice dated the 2ndAugust 2011 (xxxxxxxxxxx)

We also attach copies of the following documents we Intend to refer the court to at the hearing:-

1. Witness statement of xxxxx xxxxxxx xxxx dated 11th November 2011 and exhibit SFH 1

2. The reported case of Akram -v- Adam.

3. An extract from the Civil Procedure Rules (Rule 6.9)

We may also Wish to rely upon a statement by our client. We will let you have this as soon as

possible

In the event that your application is unsuccessful we Intend to apply for an order for costs. We will be

sending you a costs statement shortly

 

 

Can someone please advise me what to do now. The solicitor has included a statement which says that they wrote to me by recorded delivery (At my old address, which I moved from4 years ago) and that because it was not returned to them that it was deemed to have been served.

They say they will refer to the reported case of Akram -v- Adam The vets surgery had a contact number which they used on numerous occasions to inform me of my pets condition but never once do I recal having my address conformed. When they had no response to the mail they were sending me surely all they had to do was pick up the phone and ask.

I am sending them a cheque for the original bill this week but will not be including the legal costs they have added on.

Any help or advice would be appreciated.

Regards

Bigandyuk1

Edited November 12, 2011 by bigandyuk1
spooliong mistooks

[twofoot]

Would have thought that if set aside they would have no grounds for any costs at all. Just my humble opinion.

[gezwee]

Thinking out loud........... this is about all I can come up with at the mo

 

Akram v Adam...... 'deemed good service' - unless you can show otherwise the court will rely on the judgment [last known address]

 

Service address........ would the current occupier/s provide a Witness statement confirming return of correspondence?

 

Did you not advise the Vet's of the change of address, which they subsequently failed to update on their records?

 

Gez

[bigandyuk1]

I am unable to say what the vets did. They have our current telephone number which we have had for three years. They must have obtained that from us as it is ex directory. The dog was dying so cannot remember if they updated the address at the same time. But surely they could have lifted the phone and confirmed the address when they had no reply to the invoice they sent.

Akram -v- Adams is just one of many case studies relating to good service. How could the court papers be returned if I no longer lived there and as far as I know as the house was rented it may have changed hands amny times in the last few years.

I do not see how it is my responsibility to ensure the business has my correct address, surely it is down to them to ensure correct details before supplying goods and services? If I supplied something without first ensuring I had contact details then I would be failing myself.

 

Just my thoughts.

 

Regards

[cerberusalert]

Moved to the Legal forum.

[bigandyuk1]

Judge was good but refused set aside as service was deemed to be good. However he did deem the costs application by the solicitor to be completely disproportionate (£700) and argued that the case did not need a top solicitor. He said he had wanted to disallow costs but was mindful that if he did the solicitor would just appeal on point of law. So he charged me £100 costs and I had to pay the £140 outstanding costs. Overall I think the Judge was good and looked after me.

[the_shadow]

Sorry to hear this

 

Like you say, at least the costs issue was in proportion.

 

S.