Help with question 10 of n244 form to be handed into court today

[Irishama]

Urgently need someone to check if the above is acceptable, correct or complete and utter bull poo and if latter what would u suggest I write in for Question 10 Ive been trying to get required information since found out bout this on 0608.13 and its taken me to now plus got some help from another website but due to RTA had to have 2brain ops as result of the same I'm now registered disabled and one of my problems is I forget things easily and unless things are simplified or more or less I am told what to do or write I find it hard to take things in and get confused.

If I am honest I went to the first google suggestion for a help group that could help me but I was made feel like a fool and laughed at by some of it members which is understandable and partly my fault as I did not explain about my RTA and disabilities but I have asked them over weekend to check the above and let me know as if it was ok as the other parts of the N244 they had helped me fill in but to date no one has replied although they knew my position so a bit upset bout but not a lot I can do apart from throw myself at this site's mercy and hope I get the help I need to sort this mess out

 

I posted information in the wrong section of this so if u would like to look in Legal Section Forum u should find info there r ask me and I will try and provide the information u need

 

Have to go to Court today and hand this in but until I know the above is ok and I wont make a complete gob****e of me and my mate I'm trying to help I cant complete and hand deliver it and HCEO back to take goods tomo

 

Firstly thank u to all who try to help me with this I very much appreciate what u are doing.

 

I inserted my first thread regarding this matter in wrong section - Legal Forum so if u need any insight into what this is all about u can check it out there or just ask me and I will try to answer any questions you may have although I don't have any information as never knew or received documentation or Court paperwork about this Claim until HCEO arrived at my friend's workplace - just started renting and trying to get custom and work from renting this premises meant to be garage although more like shed down an alleyway plus does not own premises or name associated with premises which has been there for last 14 years that's length of time I have lived round these parts. Loads of other Tenants before my mate with last one being taken on sort of speak to help my mate learn ropes but had to be given boot for acting as he was still renting premises and all that went with it

 

I am bit worried about what I have put in Question 10 as I was told I had to go into more detail of reasons I was making this Application as set out in Question 3 of the N244 and I was wondering , hoping and praying to boss man up above if I am perfectly honest that someone who knows what they are doing and talking about could check over what I was going to put in as information relating to Question 3 in Question 10 and tell me if it what I am meant to be inserting and is what the Courts want in that section or whether its complete bull poo (excuse the pun) and not at all what I should be inserting.

 

I have to bring this to Court today as HCEO returning tomorrow to makes rented premises to take goods that are either related to premises he is renting, his work tools or his uncle's and other friends and relatives who have been helping him out to try and establish himself in these premises in hope he can go on and set up this kind of business for himself

 

 

As suggested by someone else they said to put in for Question 3 that I was making a Stay of Execution Application and not having Case set aside which I originally thought I was doing but they know better than I do. They suggested my reasons for this Application were based on the following:

 

1 -I had no knowledge about any of this matter until HCEO turned up with

Notice of Seizure and Inventory which he then handwrote in goods he

would be coming back to take if I did not pay amount alleged I owed

2 - It appears the wrong person or entity has been named

3 - The HCEO is threatening to remove goods which are needed for the business

4 - The HCEO is threatening to remove goods which are the property of a 3rd party

5 - Pending determination of a (Variation Order/Set Aside) Application - not sure whether

to put this one in or delete it any suggestions

6 - I cannot afford the fees demanded, the HCEO has not provided me with a breakdown of

his figures

 

Then for Question 10 I added the following but I put them on a separate sheet of A4 paper and not in the box provided for Question 10

 

STATEMENT OF TRUTH RELATING TO CASE NO.:

 

(1) It wasn’t until the HCEO turned up at my workplace on the 06.08.13 that I was made aware of this matter as up to that date I had never received any information or was

served with or sent any Claimant or Court documentation whatsoever relating to the Claim or Court Proceedings in respect of the same.

 

Even up to and including the date the Statement of Truth was signed by me namely the 16.08.2013, the only Documentation I have in my possession relating to this matter

was the Notice of Seizure and Inventory Form the HCEO provided me with on the 06.08.2013 after he had listed on the said Notice the items he intended to take upon his

return to clear the amount the Claimant has alleged I owe.

 

If I had known about this matter or had received or had been served with the relevant paperwork I would have been able to file the papers required by the Court which in this

case would have been Form N9A and N9B as I believe I do owe the Claimant's Company monies in the region of no more than £500 but not the amount the Claimant has

alleged I owe

 

The Claimant has never made me aware of any Court Proceedings or that the amount they alleged I owed was outstanding in fact regardless of my continued and numerous requests to the Claimant's Company to provide me with a total breakdown of my Customer Account to be set out an all their Invoice Statements I was now asking for these being from the initial setting up of my Account to the present day I rang

 

These requested Invoice Statements were to include all payments made by me as well as showing the dates any monies was credit to my account relating to the many parts that I had returned unused or incorrectly sent by the Claimant.

 

To date none of my requests have been carried out by the Claimant’s Company and they continue to send me out Statements with payments omitted or partly erased so that all that is showing is the alleged amount owed by me

However according to the last Customer Invoice Statement I received from the Claimant it states that the amount payable to clear the debt owed to them and which is to be paid by the 12.08.13 is £0.00

(2) I rang Northampton County Court Bulk Centre who granted the Judgement Order on the 24.07.2103 and spoke to Hilda whom I advised that until I did not know nor had ever been served with or received any Court or Claimant's paperwork relating to this Claim as if I had I would have filled in the relevant and required sections and returned it to them by way of my defence but due to not knowing or receiving this paperwork I was unable to do so therefore prohibiting me from making representation of my defence to the Claimant's Allegation as by Law I was entitled to do.

 

As a result of the above I now had to try and make an Application for a Stay of Execution which I was unable to do as it required certain information relating to providing the name or names of the person who had issued to Writ in the first instance and the only paperwork I had in my possession relating to this matter when the HCEO officer turned up at my work place and advised me that a Court Order had been enforced which until then I was not aware existed as well as hand me a Notice of Seizure and Inventory Form after inserting by hand a list of goods that he would be taking if I did not pay the amount owed or the Stay of Execution I was making an application for was not presented to or awarded by the Court when he returned on the 20.08.13.

 

I re-iterated again to Hilda the fact that as I was never aware of this Court Claim or Order nor did I ever received any paperwork including the Writ of Execution I could not answer some of the Questions on the Form one of those questions being the name of the person who had issued the Writ in the first instance therefore as I did not know or have this information I asked if she could provide me with their name

 

After checking the paperwork relating to this matter that was in her possession she advised me that the name of the person who initially issued the Writ had been omitted from any documentation relating to this Claim she advised that she assumed it was either the Claimant or their Solicitors but could not confirm that this information was correct.

 

She also advised me that the Court paperwork had been sent to the business address that I was trading under. I advised her that I had only just within the last 6 months taken over renting the premises and did not own the same nor the business name associated with the premises she advised me that the Claimant had advised the Court that I was trading as a Limited Company under the garage’s name and premises.

 

I told her that this information provided by the Claimant with incorrect information as I did not own the business nor the associated garage name listed as being under. I was able to confirm to Hilda that there have been at least 7 previous tenants before me who had also rented these premises before me and I knew that at least one of them also had a Customer Account with the Claimant's Company and that he had been using the same up until and as far as I was aware even after I had taken over renting the premises from him.

 

I believe that the Claimant may have in error added his Account Balance to mine which is how the Claimant came up with the amount it is alleged I owe

 

(3) The Goods and Items listed by the HCEO on the Notice of Seizure and Inventory Form which he is threatening to remove from the premises rented by me on Tuesday 20th August 2013 are essential and required by me for all my work needs and without the same I would not be able to continue working either self-employed or employed in a workplace and would therefore be unable to continue to survive on my basic living needs without these items

 

(4) Any other Goods and/or Items listed on the above mentioned Seizure Notice threatening to be removed by the HCEO on the 20.08.2013 are the belongings of certain other third party members and do not belong to me. Again without these Items or Goods those third parties would not be able to continue working or surviving without these Items or goods as they are their work tools or items that they, like myself, require to try and survive within their basic living needs

 

(5) Unsure if meant to erase this point altogether as set out in Question 3 and numbered the same or the part not needed so don't know whether to delete part not required, although don't know which one that is or to delete this point in Question 3 completely. If only meant to delete Application not intending to Apply for which one is it and how do I elaborate and explain it in more detail in Question 10

 

(6) As I have only recently taking over the renting of these premises I have not been able to build up enough custom or money to be able to afford to pay the HCEO fees he demanded nor has he provided me with either an explanation nor a complete breakdown of how their charges and fees were reached

 

 

 

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STATEMENT OF TRUTH

 

 

 

 

 

(I believe) (The Applicant believes) that the facts stated in this section (and any continuation sheets) are true:

Signed -------------------------------------------------------- Dated ---------------------------------------------------------

Applicant’s Solicitor’s / Litigation Friend

 

FULL NAME ------------------------------------------------------------------------------------------------------------------

 

NAME OF APPLICANT’S SOLICITOR’S FIRM --------------------------------------------------------------------------

 

POSITION OR OFFICE HELD ----------------------------------------------------------------------------------------------

 

(if signing on behalf of Firm or Company

 

 

 

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