HCEO - Assistance required please

[Paige Lee]

Now trying to prepare a statement of fact and then tackle the original HCEO visit and their fees , who left a Form 55 had no signed WPa, also, added fees which I have challenged, now followed by a second visit from second HCEO with the new controlled goods forms together with and inventory he took of limited items, added the old fees and then adding on new compliance fees and enforcement fees. They can't have it both ways surely!!!

Any news on what to say to the. judge at Hearing?

[Paige Lee]

I can't get a copy of the so called High Court writ either!!!!! that the first HCEO said he had!

[ploddertom]

You don't need a copy of the Wit as it will tell you very little. What you do need is a copy of all the documents for the CCJ - the essential items being the Particulars of Claim & Judgment. Were both HCEO's from the same company or different ones? Do you have a copy of the Agreement that was signed originally - you are going to have to read it to make sure you understand it. What items has he listed on his inventory - exactly as he has described them?

[Paige Lee]

You don't need a copy of the Wit as it will tell you very little. What you do need is a copy of all the documents for the CCJ - the essential items being the Particulars of Claim & Judgment. Were both HCEO's from the same company or different ones? Do you have a copy of the Agreement that was signed originally - you are going to have to read it to make sure you understand it. What items has he listed on his inventory - exactly as he has described them?

I now have a copy of the Claim and particulars, which is absolutely ridiculous.

Both HCEOs were from the same company.

I have a copy of the signed agreement which is an agreement that ended after a 75 month period in July 2013 with a fixed quarterly price, I can barely read the T&Cs on the back they are so small and smudged. Whilst it says three months notice of cancellation, we gave them 12, then 9 then 6, then 3 - also with telephone calls, names and dates and times recorded, all in writing, which they claim we never made! We can actually give them one months notice.

They then, in July 2013 issued a default notice under the CCA, seemingly instigated court proceedings and added another Invoice on for rental from 2013-2019!

The initial note that the first HCEO left contained two items which he found outside

The second HCEO entered and listed a few items, chairs, tables etc, and some stock.

[Paige Lee]

Judgement was obtained on 1 March 2014.

[ploddertom]

It sounds as if you have everything, your only bone of contention being that the HCEO may re-attend before your Hearing. He will only desist if told so by the Court unless you can persuade them to delay until the Hearing result is known.

[Paige Lee]

thank you PT, that's what I was counting in not happening. have written to the court asking if the hearing can be brought forward, stating my fears re the HCEO. are cause he has a controlled goods form, does that mean he can come back anytime?

 

Also, I am starting to commence a case against the claimant and the HCEO, with regards to many anomolies in the case from start to finish,

[ploddertom]

Also, I am starting to commence a case against the claimant and the HCEO, with regards to many anomolies in the case from start to finish,

 

I would wait and see what the outcome of your Hearing is first. The HCEO is only carrying out instructions given so would doubt any action would succeed.

[Paige Lee]

I would wait and see what the outcome of your Hearing is first. The HCEO is only carrying out instructions given so would doubt any action would succeed.

 

I understand, I just want to be sure of my facts and get the judgement stayed and set aside.

[Paige Lee]

I have received a letter back from the claimants - they intend to object to our Set Aside and Stay. Could someone have a look at it for me please. (I need assistance with uploading)

 

The HCEO have also written saying the matter is back with the claimants and on hold!

[ploddertom]

Have they given you their reasons why?

[Paige Lee]

Have they given you their reasons why?

 

They say that we did know about the judgement, therefore we received the paperwork, (we only knew after the HCEO visit and our own contact to the Courts and subsequent copy of the the judgement after the event)

Also they are objecting because we have had ample time since the date of judgement which they say was done on 31 March and we are out of time.

[ploddertom]

They say that we did know about the judgement, therefore we received the paperwork, (we only knew after the HCEO visit and our own contact to the Courts and subsequent copy of the the judgement after the event)

Also they are objecting because we have had ample time since the date of judgement which they say was done on 31 March and we are out of time.

 

 

The knowledge of the Judgment is the most important part, have they given their reasons as to how they know? For my money you have done this in a timely manner so would ignore what they say about being out of time.

[Paige Lee]

The knowledge of the Judgment is the most important part, have they given their reasons as to how they know? For my money you have done this in a timely manner so would ignore what they say about being out of time.

 

I only knew when I rang them and asked for a copy of the contract. they said that when the phone call was made we were told they had a default judgement against us and would be enforcing it. We said we hadn't seen anything.

[Paige Lee]

Do you know what I should expect, and/or say and do at the ten minute hearing next week?

[ploddertom]

I only knew when I rang them and asked for a copy of the contract. they said that when the phone call was made we were told they had a default judgement against us and would be enforcing it. We said we hadn't seen anything.

 

I would take a verbal notification with a pinch of salt particularly if you had not seen anything and if that is all they are relying on then they may be clutching at straws. If they say Judgment was made on 31 March then we are only 3 weeks down the line from then, what date did you ring them? Also to my mind if Judgment was made on 31 March then they must have moved immediately to transfer it up without any opportunity to pay first - some Judges take a dim view of this.

[ploddertom]

Do you know what I should expect, and/or say and do at the ten minute hearing next week?

 

It's usually quite an informal process whereby all parties sit round a table (a big one) the DJ at the head and you and the Claimant sit facing each other. Let the Judge start things and whatever you do don't interrupt, you will get your chance in due course. If there is anything you don't understand make a note and ask. Some Claimants get cocky and become argumentative, this will go against them or you if you do the same. At all times remain calm & courteous, the Judge is addressed as Sir or Ma'am dependent on whether they are male or female. Dress code can be casual but must be smart, but not tracksuit or shellsuit. Arrive in plenty of time as you may have to submit to a security search, also Judges Chambers may be on a different floor or a different building, when you get to the right place present yourself to the Usher so he/she knows you are there. Your Claimant or their representative may approach you - in my view this can be intimidating as they can try to get you to change your mind, just listen, be non-committal & be polite.

 

The Judge may have a list of questions or may ask you both in turn as to why or why not your application should be granted. Make sure you are fully conversant with why it should be granted and be prepared to answer questions about it. Even at the end if the Judgment goes against you thank the Judge for his/her time.

[Paige Lee]

Thank you very much Pt. I

l let you know what transpires. Have a good weekend and thanks for the help.

[Paige Lee]

Hearing over - rep from the Claimant there quoting all sorts of contract references and Civil Law paragraphs! Judge ruled in our favour Got the Stay, saying their claim is prepostorous and ridiculous (particularly for the advance 6 years rental)

The Claimants solicitor then asked that a revised claim be allowed, with a change in their Company name to which the DJ said they had to submit, first class, recorded delivery, special and registered post to us by 14 May 2014.

 

We then have 14 days to respond!

[ploddertom]

Very pleased to hear things are going in your favour so far. Revised claim should be interesting, makes you wonder why they couldn't get it right in the beginning.