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

[Ganymede]

The second PoC you can try and dispute yes.

 

The first PoC you cannot.

[headache123]

what sort of defence would you thinks would help? with respect to andy for doin me the defence.

[Ganymede]

what sort of defence would you thinks would help? with respect to andy for doin me the defence.

 

 

 

I would still follow Andy's advice for the second PoC.

[headache123]

thankyou. i really hope it gets thrown out in court. heres wishin!

[AndyOrch]

Hi Headache

 

I personally would just submit it as is...the Claimant is relying on the first one to add further relief so for you to defend the second you must refer to the first PoC.

[headache123]

thankyou. i am just doing it now. thanks so much xxx

[headache123]

finally finished and emailed to the court with hard copy in the post. thanks so so much. will keep u updated. fingers crossed and thanks once again x

[AndyOrch]

Also send the claimant a copy headache...it shows that you are acting civil even if hes not...send it 2 weeks before the hearing date.

 

Dont forget to follow up your adjournment request..as stated its imperative that you present your defence.

 

Best of luck.

 

 

Andy

[headache123]

hi jus got back from a week away and seen a letter from the court dated 23 aug. says i need to fill in n244 form. if its more than 2 weeks before hearing and claiman agrees then its free to postpone. if its less than 2 weeks then its £45. and if the claimant dont agree then its £80. they have written that my request was on 23aug so thats more than 3weeks notice. how do i fill out the form? i do not want claimant to see the defence i sent to thr court as in the past they have not sent me their documents seen my documents and worked on the info i had given. not sure how to progress. i had one of the hearings postponed on me in past and i was not asked. also claimant keeps getting benefit help which is unfair as he has a 4 bee rental property in a very affluent area- the rental property which is in question.whereas because im workin i have to pay. the whole things unfair.

[citizenB]

This thread is now in "General Legal Issues"

 

It is purely an administrative move.

[headache123]

can someone help me with this please in tge interest of time? thanks

[AndyOrch]

can someone help me with this please in tge interest of time? thanks

 

Already gone through this post #55

[headache123]

n244 returned by courts today sayin i need to include a fee. even though i initially emailed on the 21 aug im goin to have to pay 80 pounds. i work full time but to keep paying these fees is cripling me finincially. my partner has lost his job so i am payin for everythin currently. i cannot claim any benefits. is ther any way this fee can be reduced? i have to return the form today. i wish this case would go away. its making me more ill and ruining my peace. very fed up :'(

[Ganymede]

No you have to pay the full fee as you work full time.

 

You need to be on benefits etc to get away with not paying for fees.

[headache123]

is there anyway i could get a **** hot solicitor that will get the case struck off once and for all and refund all my costs? wishful thinkin?

[AndyOrch]

I did advise you to send it 21st August post#55...letters are of no use ..if you want anything actioned or request then it must be onan application notice N244.

 

" if its more than 2 weeks before hearing and claiman agrees then its free to postpone. if its less than 2 weeks then its £45. and if the claimant dont agree then its £80."

 

I would question the £80 fee though it shouldn't require an hearing to adjourn an hearing......£45 tops now time has moved on if anything.

[headache123]

i rang the courts who said i hav to send n244 back wity the fee. cant phsically take it in as im currently at home sick. was told i need to repost with a cover letter with my number and then a cashier will call..it will be £80. :'(

[headache123]

didnt realise itd need to be on n244 before. i even asked tge courts at the time who said wait for court reply. sigh

[AndyOrch]

Questionable.....?

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf

 

" General applications

 

• Application on notice where no other fee is specified. £80

• Application to set aside a county court judgment. £80

• Application by consent or without notice where no other fee is

specified. £45

 

• Application to vary a judgment, suspend enforcement or

suspend a warrant of possession. £40

 

• Application for a summons or order for a witness to attend court. £40

• Application for a certificate of satisfaction of a judgment debt. £15

 

No fee is payable for an application by consent for an adjournment of

a hearing if received by the court at least 14 days before the date of the

hearing.

[headache123]

just spoke to the court again who said the cl would have to send a signed letter that they agree to adjournment. the cl is evil so unlikely. they are now saying to email in the n244 with the cover note and someone will call for pymt. not guarenteed to be ajourned. gutted as i tried to do this al in advance so i wouldnt have to pay. im so ill at the moment. at this rate will end up.not even being able to attend my conference. is ther any way to put the debt on someone elses name? my partner is willin to have it on his name and say its all down to him as i cannot take anymore.is this possible? he will accept all liability

[Ganymede]

The reason it is £80.00 is because the Claimant won't agree so there needs to be a hearing.

 

And no you can't assign your debt I'm afraid.

[headache123]

so im just stuck? any way to defer the ccj for a few months at least? tryin to get my mortgage through and have a clean credit history. so fed up of this. i havnt even done anyhin wrong. :'(

[headache123]

do u think its worth tryin to settle out of court?

[renegadeimp]

If you settle out of court, you need to do it a certain way. After all, youd be fully admitting the debt.

[headache123]

i dint at all admit the debt jus afraid im goin to be lumbered with it all. i wont be able to get a good mortgage and im sure evil cl wil do everythin to enfirce it. hes already had too much off me. jys want an end to it. i dint actually want to pay him a penny