HCEO clamped my car, i removed it, old Landlord got CCJ - help!

[AndyOrch]

OK so the CCJ stands but is yet to be finalised...the court has allowed permission to add further relief.The only part you now defend is the second PoC and you must submit a defence by said date refuting his further claim...if you have a defence?

The CCJ will be registered once its concluded to the new total amount outstanding.Unless it is paid in full by the prescribed time.

 

So you now need to start to prepare your defence...points I would be considering are......

 

Not served with a copy of his application pre Court Order.

He is excempt from court fees so his costs should be nil.How can he be excempt when he is a property owner and is self employed LL.

He cant claim VAT from you he reclaims that from HMRC/Is he actually VAT registered put to proof.

He didnt appoint a Solicitor there are no fees/disclose his Solicitors fees.

 

Regards

 

Andy

[headache123]

Thanks andy. I dont have written any further defence. I would like to delay the hearin as much as possible. So will it be a new ccj or continue from 2010? Thinkin of the 6 year rule. I cant believe il have to pay. I dont know how to start the defence or how to write it. Also is ther away of payin as little as possible as the hearin last time was so unfair. Dont no how to start. Do i need to a statement like u previously stated? gutted.

[AndyOrch]

Thanks andy. I dont have written any further defence. I can help you draft a suitable defence in response

I would like to delay the hearin as much as possible.Speak to the Court and advise of your absence...its imperative you attend as your defence without presentation will be weak

So will it be a new ccj or continue from 2010? Yes Thinkin of the 6 year rule.In what respect it cant become Statute Barred as there is now a judgment...and a Writ

I cant believe il have to pay.You should have defended it properly in the first place I dont know how to start the defence or how to write it.See above

Also is ther away of payin as little as possible as the hearin last time was so unfair.If you lose round 2 and then the debt doubles you can make application using the N245 to pay monthly if the claimant is in agreement

Dont no how to start. Do i need to a statement like u previously stated? gutted.

No a defence

 

Regards

 

Andy

 

[headache123]

I would appreciate the help for the defence pls.i didnt have the funds for the solicitors fees at the time and also in financial struggle now.

[headache123]

do i have any grounds to counter claim or anthing like that? thanks. I have rang up the courts who asked me to email regarding the upcoming hearing which i have done.

[headache123]

would i be able to get a set aside? i just dont want the ccj. i would not be able to payit all of it full but i understand if it was instalmenst id still get the ccj?

[headache123]

or a tomlin order?

[Ganymede]

If you want to adjourn the "costs" hearing in September then you will need to do it more formally than just an email to the Court to make sure.

 

You could make an application to adjourn and re-list the hearing for when you are back in the country. You'll need to attach a proper CPR compliant witness statement and some evidence of you being away.

[headache123]

Even thou it is more than 14 days away? I also rang them. I am away from work for a week but only have a company email with our teams flights on them and dont want ll finding out who my employers are. Dont no how to do the witness stmts. Just waiting for some help with the defence. Bit worried as it needs to be with the courts before fri and im goim away on thursday mornin.

[headache123]

What would i write on the witness stmt? Dont no what id say if the judge was to ask why iv made no payment. I would like to defer the hearing as long as possible.very concious of the time iv left

[Ganymede]

What would i write on the witness stmt? Dont no what id say if the judge was to ask why iv made no payment. I would like to defer the hearing as long as possible.very concious of the time iv left

 

 

You'd still file a Defence but ask for the hearing date to be moved as you are out of the country and cannot attend etc.

[headache123]

Ok thanks. Im jus waiting for andyorchs reply for a defence. I shall ask with the defence. Thanks

[Ganymede]

would i be able to get a set aside? i just dont want the ccj. i would not be able to payit all of it full but i understand if it was instalmenst id still get the ccj?

 

No I'm afraid you already have a CCJ and permission to appeal was refused. In any event it's too late to appeal now

[headache123]

Its not on my credit file yet...im thinkin it will be afta the hearing...

[headache123]

Hi andyorch. Sorry ti bother u but are u still.able to help me with my defence as i need to send it tomorow mornin at the latest as im away from.tomorw afternoon. Feelin worried now.

[AndyOrch]

Yes Ill draft you something in the morning in response

[headache123]

Thankyou. I really appreciate that.

[AndyOrch]

Just bringing the Particulars forward for reference:-

 

1. The claimant is the joint owner of ****. This property is jointly owned with the claimants son ****

2. The claimant let out the property to the defendant (tenancy agreement attached) . The tenancy was for a period of 6 months starting on Jan 2010 and finishing on 11 july 2010 with rent to be paid on the 11th of every month. Rent was agreed at £600.00 per month.

3. Rent remains outstanding at £1500.00

4. During the course of the tenancy, the defendant damaged teh electric meter which cost the claimant £640.00 to replace. (the invoice of this is dated 15th July 2010!(. (i had proved to the court i had left at end of February hence teh ste aside was given).

5 There was also general damage to the property in the sum of £360.00 ( what damage?) (tenancy does not even state inventory)

 

And the claimant claims

 

B1. Payment of the sum of £2500

B2. interest on the said amount of £2500

B3. Further or other relief

B4. Costs

 

Second Particular of claim

 

As per the order dated 4th June, whereby the claimant has permission to file additional poc in respect of any amounts claimed as a result of enforcement action taken against the defendant, the claimant claims

 

1. Fees incurred by the sheriffs office in the sum of £2,314,84

2. Vat on the said amount at 20% amounting to £462.97

3. Solicitor fees of £500.00 ( he NEVER had a solicitor to represent him, just one letter from them sent to me)

4.Additional costs paid to the sheriffs office in the sum of £60.

Schedule of costs and breakdown attached. I believe the facts to be true.

 

annex1 - fees breakdown from sheriffs office as of 22-10-12

annex 2 - solicitors written receipt photocopy of £500.00

annex 3 - photocopy of chq to h.m.c.t.s for £60.00 ( isnt this to the courts as opposed to his ask for additional cost to sheriffs office of £60?)

 

 

 

 

 

 

 

Claimant xxxxxxxx Court xxxxxxxx

 

 

V

 

 

Defendant xxxxxxxxx Claim Numberxxxxxxxxxx

 

 

 

I headache being the defendant in the case dated 29th September 2010 and make this statement further to my defence and further to the the additional particulars submitted by the claimant on 11th August 2013 which the court ordered to be submitted by the 4th June 2013.

 

The claimant having already submitted a claim and attained judgment on the 4th June 2013 which was initially set a side dated 12th November 2012.

 

I will contend further having been denied the opportunity to appeal the decision made by DJ xxxxxxxxx further to the particulars.

 

Paragraph 2 and 3 are denied I have never signed a tenancy Agreement with the claimant nor was I in arrears by the amount claimed.I left of my own accord on the xxx xxxxx 2010 and paid the Claimant the sum of £ xxxxxxx which was over and above the amount due at that stage which the claimant was happy to accept as final settlement. (attach exhibit proof of payment if poss)

 

Paragraph 4 is strenuously denied with regards to damage to the electrical meter which was in perfect condition at the time of my departure of February 2010.Invoice produced is 5 months post date.

 

Paragraph 5 is also denied with regards to general damage the Claimant has yet to disclose documented evidence or any inventory of the damage to quantify any value.

 

Paragraph B5 is denied how can a court allow for" Further or other relief " on a claim when no loss can be proved or has yet to happen.

 

 

With regards to the second particulars that the court has allowed on a matter that has already been adjudged and had not occurd at the time this request was allowed this would signify that it was the intention of the claimant to add costs of the execution of the judgment

before judgment was even allowed or I was even allowed time to resolve.

 

Therefore I will contend that further to the above

 

Paragraph 1 is denied with regards to the Sheriffs fees of £2,314,84 to recover an alleged debt of £2650.00.The Claimant has still not substantiated that any debt is owing.

Paragraph 2 is also denied I am not responsible for the VAT arrangements of the Claimant this must be reclaimed through HMRC.

Paragraph 3 is denied the Claimant has not instructed any Solicitor to represent him in this matter apart from one letter recieved xx xxx xxxx. The claimant is put to strict proof to disclose the bill of costs of his Solicitor.

Paragraph 4 is also denied.

 

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

I believe that the contents of this statement are true.

 

Signed xxxxxxx

 

Dated on this day xxxxxxxx

 

 

Ok check the dates for accuracy and the contents and edit to suit if required.

 

Regards

 

Andy

[headache123]

Thata brilliant! Thanks andy. From the defence written; could a possibilty be that the initial decision by the last judge could be over turned? Also do i need to again discuss delayin next hearing and include proof? I only have some emails which include flights of my team

[AndyOrch]

That would be the desired outcome of the submission that the whole lot should be thrown out.....its utter nonsense.If you can point to an error in the first judgment then the second claim is irrelevant.With regards to adjourning the hearing so you can attend and represent yourself you will need permission of the court..there may be a cost involved in which you would submit an application N244 requesting same with your reasons and proof.You will have to request that the hearing of xx xxxx x2013 be adjourned and vacated due to your absence and request the court allocate an new date.

[headache123]

Thanks. do you think the errors showing in the above defence is enough or should i try to find some more? i have just rang the courts who have said to wait for a response from the courts as its more than 14 days before the hearing. if i need to the courts will advise me to fill in the n244. thanks

[Ganymede]

Just bringing the Particulars forward for reference:-

 

1. The claimant is the joint owner of ****. This property is jointly owned with the claimants son ****

2. The claimant let out the property to the defendant (tenancy agreement attached) . The tenancy was for a period of 6 months starting on Jan 2010 and finishing on 11 july 2010 with rent to be paid on the 11th of every month. Rent was agreed at £600.00 per month.

3. Rent remains outstanding at £1500.00

4. During the course of the tenancy, the defendant damaged teh electric meter which cost the claimant £640.00 to replace. (the invoice of this is dated 15th July 2010!(. (i had proved to the court i had left at end of February hence teh ste aside was given).

5 There was also general damage to the property in the sum of £360.00 ( what damage?) (tenancy does not even state inventory)

 

And the claimant claims

 

B1. Payment of the sum of £2500

B2. interest on the said amount of £2500

B3. Further or other relief

B4. Costs

 

Second Particular of claim

 

As per the order dated 4th June, whereby the claimant has permission to file additional poc in respect of any amounts claimed as a result of enforcement action taken against the defendant, the claimant claims

 

1. Fees incurred by the sheriffs office in the sum of £2,314,84

2. Vat on the said amount at 20% amounting to £462.97

3. Solicitor fees of £500.00 ( he NEVER had a solicitor to represent him, just one letter from them sent to me)

4.Additional costs paid to the sheriffs office in the sum of £60.

Schedule of costs and breakdown attached. I believe the facts to be true.

 

annex1 - fees breakdown from sheriffs office as of 22-10-12

annex 2 - solicitors written receipt photocopy of £500.00

annex 3 - photocopy of chq to h.m.c.t.s for £60.00 ( isnt this to the courts as opposed to his ask for additional cost to sheriffs office of £60?)

 

 

 

 

 

 

 

Claimant xxxxxxxx Court xxxxxxxx

 

 

V

 

 

Defendant xxxxxxxxx Claim Numberxxxxxxxxxx

 

 

 

 

I headache being the defendant in the case dated 29th September 2010 and make this statement further to my defence and further to the the additional particulars submitted by the claimant on 11th August 2013 which the court ordered to be submitted by the 4th June 2013.

 

The claimant having already submitted a claim and attained judgment on the 4th June 2013 which was initially set a side dated 12th November 2012.

 

I will contend further having been denied the opportunity to appeal the decision made by DJ xxxxxxxxx further to the particulars.

 

Paragraph 2 and 3 are denied I have never signed a tenancy Agreement with the claimant nor was I in arrears by the amount claimed.I left of my own accord on the xxx xxxxx 2010 and paid the Claimant the sum of £ xxxxxxx which was over and above the amount due at that stage which the claimant was happy to accept as final settlement. (attach exhibit proof of payment if poss)

 

Paragraph 4 is strenuously denied with regards to damage to the electrical meter which was in perfect condition at the time of my departure of February 2010.Invoice produced is 5 months post date.

 

Paragraph 5 is also denied with regards to general damage the Claimant has yet to disclose documented evidence or any inventory of the damage to quantify any value.

 

With respect there is a judgment in place for all of this as far as I understand so most of the above is pointless and will be disregarded by the DJ.

 

Paragraph B5 is denied how can a court allow for" Further or other relief " on a claim when no loss can be proved or has yet to happen.

 

 

With regards to the second particulars that the court has allowed on a matter that has already been adjudged and had not occurd at the time this request was allowed this would signify that it was the intention of the claimant to add costs of the execution of the judgment

before judgment was even allowed or I was even allowed time to resolve.

 

Therefore I will contend that further to the above

 

Paragraph 1 is denied with regards to the Sheriffs fees of £2,314,84 to recover an alleged debt of £2650.00.The Claimant has still not substantiated that any debt is owing.

Paragraph 2 is also denied I am not responsible for the VAT arrangements of the Claimant this must be reclaimed through HMRC.

Paragraph 3 is denied the Claimant has not instructed any Solicitor to represent him in this matter apart from one letter recieved xx xxx xxxx. The claimant is put to strict proof to disclose the bill of costs of his Solicitor.

Paragraph 4 is also denied.

 

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

I believe that the contents of this statement are true.

 

Signed xxxxxxx

 

Dated on this day xxxxxxxx

 

 

Ok check the dates for accuracy and the contents and edit to suit if required.

 

Regards

 

Andy

 

 

Regards

 

Ganymede

[headache123]

what to do......the judgement was totally and utterly unfair. i wasnt even allowed to speak!

[Ganymede]

Nothing you can do I'm afraid.

[headache123]

even with new poc?