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

[AndyOrch]

So on a judgment of £2650 he now wants to amend the judgment to include his execution fees (which failed) of £3337.81...given you a total debt of £5987.81 ?

 

Rather extortionate on a judgment of £2650.00.

 

Did he request costs within his initial Particulars of Claim ? Does the original judgment state he is entitled to costs and further costs of execution?

 

This is incredible and you must submit a Witness Statement in objection (not less than 7 days pre hearing) even consider making application to set a side the Order.

 

I cant stress how important it is for you to attend that hearing or try to adjourn it to a different date otherwise said LL and his father in law DJ (only joking) are going to hang you out to dry.

 

Regards

 

Andy

[headache123]

thats is correct. he wants that amount of £5987.81.

 

his initial poc asked for 1. payment of £2500, 2. interest on the £2500, 3.further or other relief and 4. costs

 

orginal judgement order states simply claimant has permission to rely on addional particulars of claim

 

have no idea how to start with witness stmt in objection, or what it would mean to set aside. would i need to pay for this?

i have a company booked conference booked a year in advance i cannot miss. how can i change the date?

 

what should i do? set aside? witness stmt? change date?

 

believe me - that ll had alot of leverage over the judge. unbelieveable teh hearing was.

[headache123]

what should i do? worried as time is of the essence. how should i proceed?:???:

also with the ll winning the hearing, will that show as a ccj against me? i did have a set aside on it. i cant risk ay adverse credit as im buying a house. i had a ccj on my acc from 5 yers 8 months ago for £329 unknown to me from severn trent water and it has caused me a massive interest rate hike on trying to get a mortgage.

[headache123]

can anyone help me please? ;(

[citizenB]

andyorch is not online at the moment - he will receive notification that you have posted and will look in on you as soon as he can.

[headache123]

thankyou. just very worried.

[citizenB]

Yes, I can understand that

 

All those giving advice are volunteers so are around when their schedules permit.

[AndyOrch]

HI headache

 

I wont be around much until Sat/Sun but in the meantime if you could list a full running timtable of events/dates.

 

Claim issued xx xxxx 2013 Particulars of claim (verbatim)

 

Defence submitted (verbatim) dated xxxxxxx

 

Notice of judgment (verbatim) dated xxxxxxx

 

List all court docs received and preferably scanned and uploaded with any identifiable data removed.

 

Your application to set a side N244 and reason submitted.

 

Hearing result of set a side and General Order (verbatim)

 

Issue of Warrant of execution.

 

Then we can try to piece this together because its all snap shots and assumption until i see documentation. Then we can prepare a WS for you to submit not less than 7 days to the next hearing (either in your absence or attending)

 

Regards

 

Andy

[headache123]

Ok thankyou so much. Strugglin to sleep with this on my mind so here goes...

 

January 2010 - rented a house with a 6 month tenancy, left after 6ish weeks, unsure whether i signed a tenancy. paid the ll three months as a penalty, ll was happy. i moved on.

 

Approx september 2012 - hceo visits my property and clamps my vehilcle and attempts to remove it. didnt know what it was even about. no letters recieved as i was renting and moved a few times.

 

October 2012 - applied for stay of exectution and set aside

 

23 october - hearing - set aside granted. Proven by me i did not live at the address where court documents were delivered.

 

27 november 2012 - new hearing -writ and judgement set aside.

 

3 january 2013-it is ordered that the claim is allocated to the small claims track. mediation offered. claimant refuses. new hearing set for 5 march 2013

 

5 march 2013 - hearing - claimnt does not send evidence beforehand once again and tries to present a file of his evidence and his witnesses without sending me or the courts anything. judge orders ll to pay me £51.00 in costs for time off work etc. new hearing arranged for 21 may

 

21 may 2013 - new hearing. judge is very unfair, refuses to allow me to have my say. witnesses present throughout the hearing vs me on my own. witnesses speaking for the ll. judge rules in favour of ll.

original particulars - 1. payment of £2500, 2. interest on the £2500, 3.further or other relief and 4. costs

judge gives him £2650 .

 

he asks repeatedly for a change in particulars claim, judge says cannot be done, he keeps asking, she says ok. to be done by 4th of june. permission for me to appeal refused on the basis judge felt i had no grounds

 

june 2013 - cheapest solicitor was £100 per hour, didnt have the means, couldnt do anything.

 

4th june passed. no claim for extras, thougt it was all over.

 

9th august recieved the pack . ll has wrote letter stating...

 

i would liek to apologise to the judge who at the time of teh hearing verbally confirmed to me to file the additional particulares of claim by the 4th of june. however i was under the impression that a confirmation of the same would be sent in writing before i sumbit the additional particular of claim. i now enclose application notice with the original poc and supporting documention

 

letter dated 17 june recieved with court letters on 9th August 2013. this is what the pack contains:-

general form of judgement of order asking i respond by the 23 august and it is listed for hearing to determine clamants entitlement to enforcement costs on 11 sept

 

letter from claimant dated 17 june requesting the judge to vary the order to include his new particulars of claim which teh judge has allowed him to do

 

a completed n244 application notice filled in by the claimant

 

n244 notes for guidance form

 

new particulars of claim - fees incurred by the sherrifs office £2314.84, vat on the said amnt of 20% amounting to £462.97, solicitors fees of £500 , additional cost to sherriffs office of £60.00

 

a copy of the breakdown of the sheriffs office fees - to include things like mile fee, dvla check fee etc

a photocopy of a reciept for £500 from the solicitors (who only ever wrote one letter for him)

 

a photocopy of a chq which in the poc has stated its "additional cost paid to sherrifs office" but on the halifax photocopy chq it says pay hmcts £60.00

 

letters of feedback from the sherrifs office to the ll stating no reply at the door etc (this was before the last hearing)

 

copy of original judgement.

 

also court form saying i need to file a repsonse by 23 aug with hearing on sept 11 to determine claimants costs.

 

currently - done nothing further, no forms etc sent. just awaiting advice on what to do next.

 

thankyou

[headache123]

iv not paid anything to the ll. i was supposed to pay by 18th june. didnt pay a penny due to unfair trial and ll already taken enough. ll gets court fee free on benefits yet owns a rental home in prestigious solihull. yet i work. just want to put a stop to his harassment and greed once and for all and be able to get on with my life. ll has openly along with HIS witnesses admitted to watching my house and my whereabouts, mkes me very uneasy.

im away on the court date from work out of the country but would overall prefer not to see them ever again, i feel scared of them.

unable to get on with my life and the stress of this has made me really ill.

have a clean credit history and dont want this going on it as im trying to buy my first house.

thanks for all your help.

[headache123]

hope this is all you needed. Thanks.

[AndyOrch]

Ok Headache

 

So from reading your time line above you need to submit a further defence as the claim has now been reissued and his execution costs have been added to the original claim and the original PoC has been amended.

 

This is what we need:-

 

Date of the new claim

 

Particulars of the new claim (verbatim) less any identifiable data

 

Particulars of the old claim (verbatim) less any identifiable data

 

Have you completed a DQ (N180) ? Has the Court requested a completed DQ?

 

Have you got or ever asked for a copy of the Tenancy Agreement which the claim is based on?

 

The hearing on the Sept 11th should not be just to determine costs of execution but also the initial claim as it was set a side and so far you have not been allowed to submit a defence.

 

Regards

 

Andy

[headache123]

Hi Andy thanks for getting back to me. I did sumbit several defences and but to no avail in the last hearing which i understand to be the last hearing which was in the small claims track. The set aside was given on 12 november 2012. The ll frequently changed his story and would frequently not send me things in a timely manner as requested by the court. He also had to pay me £51 on the previosu to the last hearing for presenting me an the courts evidence on that day! The haring were fair except the last one at the small claims track. I understand that to be the final hearing and this as something completly seperate? as it mentions just costs....

i do not rmeber signing a tenancy and did not recall the signature that was signed that the ll had. i understand a verbal tenancy that we had and hence i gave the ll extra miney and left.

The new poc state the following verbatim;

As per the order dated 4th june, wherby 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 claimaint 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 soliciotr ot 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 beleive the facts to be true.

 

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

annex 2 - solicitors fke written recipet 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 aditional cost to sheriffs office of £60?)

[headache123]

The original poc is as follows:-

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 tanancy 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)

 

Ane the claimant claims

1. Payment of the sum of £2500

2. Interest on the said amount of £2500

3. Further or other relief

4. Costs

[AndyOrch]

Thanks

 

 

Ok leave that with me to consider and I will come back to you later on this evening headache....don't worry Im not logged on I will be giving it my full attention.

 

Regards

 

Andy

[headache123]

Original order states the following verbatim:-

4th june 2013

It is adjudged that the claimant recover against the defendant the sum of £2500.00 for debt and interest to date of judgement and £150.00 for costs amounting together to the sum of £2650.00

 

It is ordered that the defendant pay to the cllaimant the sum of £2650.00 on or before 11 june 2013

 

The claimant has permission to file additional particulars of claim in respect of any amounts claimed as a result of enforcement action against the defendant by 4th june 2013 and the defendant shal file any response by 18th june2013.

 

Permission to appeal refused

[headache123]

new order states:-

date in top box 5 august 2013

Upon reading the application of the claimant, it is ordered that

1. Claimant has permission to rely on additional poc dated 10th june 2013

2. Defendant has permission to file a response by 23 august 2013

3 List for hearing to determine claimants entitlement to enforcement costs on 11 sept at *** time estimate 2 hours.

dated 2 july 2013

[headache123]

thanks Andy, id really apprecaiet that. the ll has been very sneaky continuously and last hearing was so unfair- ll had a mackenzie friend and a witness throughout wo spoke and answered for him and who heard teh wole hearing but i didnt have tthe funds to try an appeal it even though permission to appeal has been refused. i paid teh ll at teh time approx 2 months rent in advance. he is very greedy and sneaky. i do not have teh funds to pay him any more money, i am reluctant to even pay him any further funds and also i do nto want to get a ccj at all as im trying to buy a house for the first time which has already proved to be so difficult.

Thanks so much.

[AndyOrch]

The original POC is as follows:- Summons dated 29/9/10

 

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 tanancy 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)

 

Ane the claimant claims

1. Payment of the sum of £2500

2. interesticon on the said amount of £2500

3.Further or other relief:!:

4. Costs

 

Original Judgment states the following verbatim:-4th june 2013

 

 

It is adjudged that the claimant recover against the defendant the sum of £2500.00 for debt and interesticon to date of judgement and £150.00 for costs amounting together to the sum of £2650.00

 

It is ordered that the defendant pay to the cllaimant the sum of £2650.00 on or before 11 june 2013

 

The claimant has permission to file additional particulars of claim in respect of any amounts claimed as a result of enforcement action against the defendant by 4th june 2013 and the defendant shal file any response by 18th june2013.

 

Permission to appeal refused

 

Judgment Set a side 12/11/12

 

 

The new POC state the following verbatim;[/b] Dated 10/06/13 same claim number

 

As per the order dated 4th june, wherby 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 claimaint 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 soliciotr ot 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 beleive the facts to be true.

 

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

annex 2 - solicitors fke written recipet 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 aditional cost to sheriffs office of £60?)

 

new order states:-

 

date in top box 5 august 2013

 

Upon reading the application of the claimant, it is ordered that

 

1. Claimant has permission to rely on additional POC dated 10th june 2013

2. Defendant has permission to file a response by 23 august 2013

3 List for hearing to determine claimants entitlement to enforcement costs on 11 sept at *** time estimate 2 hours.

dated 2 july 2013

[AndyOrch]

Ok headache very confusing and Im sure their is a piece of the jigsaw missing here.

 

 

After your set a side success (12/11/12) what happened next.... did he represent his original PoC...have you an order that the Court states its set a side ..was there further directions within that Order?

 

Otherwise that judgement is no more (unless there was a further hearing and a further Judgment issued).

 

As above is the additional claim by way of a further summons...different claim number?

 

What Im trying to get at is there going to be 2 judgments for the same matter or one?

 

Once this is unravelled then you will need to submit a further defence for the coming hearing.

 

Regards

 

Andy

[AndyOrch]

If you was not served a copy of his application Notice N244 (you state the court included a copy with the " Court Pack" then you can set a side that application using CPR 23.10

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23#IDAIDKTC

 

23.10 (1) A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside ...

[headache123]

original poc dated by claimant 29/09/10.

new poc dated 10/6/13

all on same claim number. new poc has come with a filled out n244 application from the claimant. in the n244 in box 3 where it asks 'what order are you asking the court to make and why?', he has simply wrote 'a further addditional poc in respect of the amunts claimed as a result of enforcement action taken against the defendant'. it has the same claim number also.

with new poc has come court letter titled 'general form of judgment or order'. same claim number as originally. states 5th august at the top. and dated as 2 july order is written from the courts with order as above.

[headache123]

verbatim re set aside - hearing was on 12/11/12. court order states the following;-

upon hearinng the claimant and defendant in person it is ordered that:

1. the judgment against **** ********** dated 20 december 2010 is set aside. (bear in mind i lived there for a 2 months in january 2010)

2. the defendant shall send to the court and to the claimant a defence to teh claimby 28 december

 

next page states the following:-

court form with title of 'notice of allocation to the small claims track (hearing). same claim number throughout.

'It is ordered that the claim is allocated to the small claims track. the judge considers this claim is suitablle for mediation. All parties are requested to contact mediation services within 7 days'. The claimant refused mediation. i wanted it.

'if settlement is reached at mediation, then the hearin listed below will be vacated. The hearing of the claim will take place on 5th march........

The judge orders that the parties prepare for the hearing as follows;-

1. each party must deliver to every other party and to the court copies of all documents on which they intends to rely on it court.

2. the copies must be delivered no later that 14 days before the hearing.

3. parties are encouraged to contact each other with a view to trying to settle the case by negotiation or narrow the issue

4. failure to comply with directions may result in case being adjourned and party at fault having to pay costs.

 

at the hearing in march, claimant presents his evidence to me and court without me or courts being sent them. i had also tried to get a strike out for claimant not sending me stuff as it was an ongoing pattern but judge said i had ot wait for hearing. Judge was angry and claimant had to pay me £51 in costs.

 

It then was adjourned to the new hearing in may - the unfair one, which was won by him and where he was given the chance to ask for his further costs etc.

[headache123]

i am away from work out the country that whole week so cannot attend.

As above all the new order says claimant has permission to rely on additional poc dated 10 june

i have permission to file a response by 23 august 2013.

listed for hearing to determine claimants entitlement to enforcement on 11 sept 2013 time estimate 2 hours.

 

so as i understand it there is currently no ccj then? my credit file is showing clear. but once enforcement costs are added and then i dont pay id get a ccj? ;(

can i apply for a set aside? as he has his n244 filled in? what can i do? cant believe this has been going on for so long. its proper causing me stress and ill health

thanks for all your help.

[headache123]

or im thinking i have a judegment because it was ordered at the final hearing inthe small claims track i pay the 2650.00 but its not registered as the costs are still to be added??? dont no at all what to do, dont want the judgement or am able to pay depsite being on a good salary. the claimant keeps getting state help to pay for his forms he fils in depite being a landlord in a a very prestigious and affluent area whereas i have to pay. can i get a set aside?

i have been straight throughout this and teh claimant has played dirty, not giving me documents in time, stalking me and my house, openly admitting it, i have a nice car which i worked very hard for which was originally clamped by hceo and he said last time that car should be his as i owe himmoney and taht car belongs to him!!!! cheeky ^%$££@##. he has had mackenzie friends speaking for him, he had witnesses present throughtut final hearing and speaking for him.

i do not want to be straigh anymore. i have a stress related condition and have been constantly ill throughout this ordeal. Whilst i was having an operation in december, i was recuperating typin defences in bed. Its ridiculous. and this dirty claim has topped it off. i thought baillifs get u ur money back not the other way around! stupid man.

can i deny recieving thesepapers? will it make things worse? how can i get out and away from this situation once and for all without paying him 5k plus or getting a ccj?

apologies for the rant. i am just so stressed form this situation. sorry.