URGENT HELP NEEDED - Statutory demand

[AndyOrch]

thanks Andy

 

re too late for appeal,

 

would the courts take into account that I had tried ever since the CCJ issued in 2011 to try

and sort the matter out directly with the claimant ? or is there a time scale set in stone ? 21 days after the date of the decision of the lower court, unless the lower court has directed some other period for bringing the appeal. Once an appeal notice has been filed it must be served on each respondent as soon as practicable, and in any event within seven days after being filed.

 

if its not set in stone, then could I argue that the appeal is late due to the fact that I have tried to sort it out directly with the claimant

rather than return directly to court. Ive not been quiet since the judgment and have written many letters to them, so could show the

courts that I been attempting to sort it out directly.You can request permission to appeal and if granted on the basis of fresh evidence but only if it is satisfied that such evidence:

 

Could not have been obtained with reasonable diligence for use at the hearing;

Would probably have an important influence on the result of the case; and

Is apparently credible.

 

I thought I found somewhere on the internet that said three years, but cant find it anymore, so not sure if I read it correctly

if it is three years then I have just under 2 months in which to appeal see below

 

if that is correct can I appeal "out of time" stating that it would be a miscarriage of justice if I am not allowed to appeal the ccj

 

 

I see in section 3 of the n164 that you can tick "I ask for permission to appeal" see below

so guess if the court gives permission then a date would be set to argue the case

if they don't give permission then I guess its only cost me the cost of the application (£80 or so)

 

I also have fibromyalgia , one of symptoms with this is intermittent memory problems

am also bi-polar

 

http://www.justice.gov.uk/courts/rcj-rolls-building/court-of-appeal/civil-division/questions-and-answers

 

Regards

 

Andy

[age9000]

Thanks Andy

 

I might try an appeal on basis of fresh evidence, that the claimant refused to divulge at the first hearing and that this evidence

would have had an important influence on the outcome of the hearing as the evidence shows 100% that I was not liable for the

alleged debt and would be a grave mis-justice if I am not allowed to appeal out of time

 

looks like it will cost £235 to make an appeal

 

or should I just issue a claim in the small claim court for the amount of the CCJ and the

costs I have incurred so far in time and court fees ?

If so should I write to the claimant saying if you do not pay within 14 days

that I shall issue a claim in the small claims court, and if I don't hear anything then issue the claim

[AndyOrch]

Well its a lot cheaper to instigate rather than appeal...you need deep pockets for that route.My advice is to sort out the current....(Stat Demand/N245) then consider your options.You really don't want too much going on at once believe me...It will make your health even worse.

 

Yes you would have to serve a Letter before Action stating your case prior to issuing a claim.

 

Regards

 

Andy

[age9000]

Thanks Andy

 

will do letter before action

do I list what I will claim for ie value of CCJ, application costs, cost incurred (time, photocopying)

what do I put for duress, damages, damage to credit rating etc

 

Just been to the court to aply to set aside the stat demand again

they told me I cant apply again on 6.4 & 6.5 and have to fill in form 7.1a instead

 

so now filling that in

 

age

[AndyOrch]

Yes thats because its the second application to set a side.

 

Re LBA you cant claim for the value of the CCJ as you have not made any payments (the debt is not owed).

Take a look under CPR 8 (service of claims under part 8) you do not enter any value the court determines the award.

 

Regards

 

Andy

[age9000]

Hi Andy

 

sorry, but confused, if I don't claim the value of the CCJ, then how do I claim this

or does the court sort it out when they see the evidence that shows I was not liable for the debt in the first place

otherwise then would not the claimant still pursue me for the value of the CCJ

 

or is it that I just make a claim under CPR 8 saying I was not liable for the debt and attach evidence showing this

and then the court sees this and makes award accordingly

 

might be better if I start a new thread to keep t separate

 

age

[AndyOrch]

The court would award a value of damages /distress/credit reputation and costs...with regards to the CCJ already registered against you but you could add a provisio that its is satisfied.

The only way to remove that judgment is to set a side or appeal...both options not ideal now.The CCJ will remain on your CRAs but with the provisio of satisfied.

 

Other options could transpire once litigation has commenced the defendant may wish to settle by way of a consent/tomlin order then you can demand that they set a side the judgment as part of your bargaining tools.?

 

I know its crazy and we are going around in circles but remember the law is an ass

[age9000]

thanks Andy

 

law is crap !

 

should I do a letter before action or should I send a letter saying I will be making a claim for professional negligence

and ask for details of their insurance people and then contact the insurance people

 

going back to court in the morning to take in the 7.1a form and also the n245 form with payment offer of £2 per month

 

should I also enclose a cheque for £2 for the first payment ?

[AndyOrch]

No you can arrange payment once the variation is finalised and agreed (your I&E must reflect a realistic offer based on your income)

 

Hold with any LBA lets get this sorted first.

[age9000]

just quick update

 

court has set a hearing date for second attempt to set aside stat demand on the 10th April

I guess they cant do anything else against me until that has been heard ?

 

not heard anything from the n245 form that I also applied at the court for

[AndyOrch]

Going to plan then age9000.....and no they cant do anything in the meantime.

 

Andy

[age9000]

got a letter from the claimant today as they have got my n245 from the court

 

they reject my offer and ask for up to date mortgage statement and how much I owe to the legal aid board

 

Do I have to reply to them or does the court now decide on the amount to pay ?

[AndyOrch]

Its at your discretion if you wish to divulge and will assist in your dilemma but only a court can legally request this information.

[age9000]

Thanks Andy

 

I will wait until I hear from the court then.

 

Should I send the claimant a letter asking for details of their insurance etc as I intend to make a claim for professional negligence

what details should I put on the letter

 

age

[AndyOrch]

Im not sure having never sued a solicitor...all complaints/intended litigation should be directed through SRA as already advised.

[age9000]

thanks Andy

 

will contact them first with my grievance

 

 

age

[age9000]

Just small update

 

I have now sent a complaint to the Legal Ombudsman and also the SRA

 

will update with any news if I hear anything back from them

[age9000]

update

 

Not heard anything from the SRA apart from a letter saying that they don't normally inform people of the outcome of investigations

so probably not going to hear anything from them

 

Got an email from the legal ombudsman saying that they cant look into it as I am not a customer of the firm !

I have emailed them back saying that the firm insist that I am their customer which is why they came after me for the debt

took them a week to sent the email above, so prob wont hear anything for another week

[AndyOrch]

The law is an ass

[age9000]

I know that now

 

Don't know if the email they sent will help in anyway, it does say ....

 

"In your case, you were not receiving the service you are complaining about from the lawyer concerned. The legal service which you are complaining about was provided to someone else i.e. your wife. Unfortunately, this means we are not able to help you on this occasion. However, third party complaints can be referred to the Solicitors Regulation Authority. This body is responsible for dealing with the conduct and discipline of solicitors. "

 

The SRA emailed to say I should complain to the Legal Ombudsman

and now the Ombudsman say I should complain to the SRA

 

will see what reply I get next week

Edited March 25, 2014 by age9000
typo

[AndyOrch]

" However, third party complaints can be referred to the Solicitors Regulation Authority. This body is responsible for dealing with the conduct and discipline of solicitors. "

 

So restructure the complaint as a third party:wink:

[age9000]

I do have a complaint in with the SRA, but in their email they say they do not advise people on the outcome

so you don't get told if any action has been taken against the firm or not

they say sometimes its posted on their website, but reading through the complaints procedures I get the impression they don't investigate complaints on an individual basis

but only seem to do anything if they get many complaints about the same firm

 

hopefully the legal ombudsman will look at it again

If the firm are saying I am their customer then they should look at it

 

think I need to buy some more bricks, the ones I have are like dust now

[age9000]

update

 

just got back from the court re my 2nd application to set aside the stat demand

 

The other side did not turn up, anyway the judge set it aside as its already a secured debt

 

he also awarded costs of £70 court fees and another £100, they have 14 days to pay me the £170

 

have also been trying to get the legal ombudsman to look at it but they just keep saying that I am not a client of the firm and wont help

its very slow going as they take a week to reply each time

 

I am so determined to get justice and wont stop until I do

 

Age

 

hopefully it might make them start to talk to me

[age9000]

UPDATE

 

don't know whats going on now

 

Just had an order from the court, thought it would be the order made last week however

it says that "due to the statement of xxxxxx not reaching the file for the hearing and

there being a discrepancy in relation to the amount of costs awarded the hearing is to be relisted on the 24th april"

 

I cant see what they could have in a statement that would make any difference to the judges previous order

however I have yet to see the statement that is referred to, I certainly have not received a copy of it anyway.

 

Not sure what the discrepancy in the award is either, though the court has yet to charge me for the hearing fee

so it maybe that, even though they told me there would be a hearing fee

 

The legal ombudsman have emailed to say they wont look at it and the decision is final

 

however my local MP has asked for copies of everything as he wants to get involved in the matter

so hopefully will have some luck there

[age9000]

small update

 

Sent the firm a preliminary letter of professional negligence claim on the 16th April, this was sent signed for

I noticed on the royal mail website that it still says "going through the system" so I sent a further copy on the 6th May

this was signed for on the 7th May. As yet I have not had any acknowledgement from them.

 

Today however I have got a court order arrive which was in relation to my n245 I submitted way back in March

in which the court has accepted my £2 a month offer, I'm not sure if the court has done this off their own back

or if the firm has now accepted this offer, previously they said no to it. Am wondering if they have agreed to it

due to my intending to make a negligence case, and maybe they will say that by making payment that I am saying

that I do owe the money.

 

The first payment of £2 is due on the 23rd of June, but when I send the payment ( by cheque as will hopefully cost them to process it)

I will make it clear that payments are being made under duress and that I do not admit to the debt, hopefully this will cover me.

 

My local MP (Ben Bradshaw) is also looking into this matter with the solicitors regulation authority

they have told him that his letter has been passed to the chief executive of the SRA, so hopefully they will actually look into it

 

according to the government website the firm should acknowledge my claim within 21 days but does not say if its calendar days or working days

so I will probably wait 21 working days before my particulars of claim is sent to them

 

as always any comments or advise is most welcome

 

age