county court judgement set aside dismissed at hearing please help

[r1boy]

Hi

 

county court judgement made in default on my property 67 xxx in birmingham

which was rented

 

i had a letter given to me by my tennet at 67 from ARMSTRONG SOLICITORS in 2008

 

solicitor claimng my vehicle was in involved in a RTA accident in 2008

 

Claiming on behalf of motors insurance bureau (MIB)

claiming under a different drivers name was given and reg of my vehicle (renault clio)

 

the accident happened outside the rented property 67 it was a fraudulent claim against me

 

my car was not involved in any sort of RTA accident at all it was off road on the driveway no damage at all

 

i spoke to the ARMSTRONG solicitors in 2008 and expalained everything to him

 

vehicle had no damage and was never involved in any RTA accident

the third party statement was wrong in describing the accident report aswell and

 

he agreed with me its had discrepancy in the claim i point out that to him too

 

i also told i never lived an 67 although im the landlord and property was rented out

i gave my current address to him when i called him if he needed to write to me in the future my address 42 same road

 

Now in 2014 april

i was called from my tennets to tell me someone had come from weighmans solicitors

 

A different solicitors firm on behalf of MIB looking to speak with me

i called them the same day and spoke to a woman and i explained the same situation

it was a fraudulent claim against me with the Weighmans solicitor

 

she was dealing with this case she was not bothered with anything i said

she said a county court judgement was issue from the court in 2013

i also explained why was'nt i contacted at my real address 42 which i gave to the other sols in 2008

 

she replied you don,t live there as you are the owner of 67

i told her it should be on your file i had forward it to armstrongs .

 

i could have put in a defence if i had received the court letters at my real address

she said you need to make a application to set aside and we will oppose it

 

i then made a set aside application to the courts and attended a hearing on 5th august 2014

 

i also been ill due to my work injury which happened on 2010 October

 

i never lived at 67 address only 42 for all my life

never moved houses

my benefits are at my 42 address doctors hospitials appointments work addresses

all of these are 42 its my parents house which i lived since in the uk for 34yrs

 

i went to the hearing last week to liverpool and the judge would not believe anything i said

and dismissed the case with further cost of debt on the total

 

i 150% believe it was a wrong descion and i did not received any court letters at 42

all for the judgement court or weighmans letters to me

 

the judge said i did receive them at 67 but could;nt be bothered to reply back

if i had been getting post at my 42 address i could have put in a defence earlier

 

the judge would not believe anything i said and dismissed the case

im still injured since 2010 and having alot difficultly walking and on medication

 

i lost my job aswell due to my injury and now

 

i received a letter 9th august to pay within 14 days from the weighmans solicitors

 

claiming to repossession of my property if i don;t repay the debt which is around £12000

 

i never admitted this fasle claim against me can i make another set aside application or make appeal

 

im on ESA benifits

 

i 150% surely can say this was all fraudulent claim

 

i never admitted this claim or attend court before only on this hearing

5th august to set aside judgement regarding this claim against me and

 

i never received the court letters at my real only 1 letter from weighmans sclicitors in june 2014 to 42

and after i spoke with her and yet she still sent letters to the rented property

and still lied at the hearing to the judge saying they never had my real address 42

 

i did not have the letter at the hearing to prove them wrong

i went there on basis claiming it was a fraudulent

 

but the judge did'nt want to know nothing about that and wanted more details

on if i had received the court ccj letters

 

debt of £12000

 

please can anyone advise help me

Edited August 10, 2014 by r1boy

[r1boy]

at the hearing the judge asked the claimant solicitor if they had my real address and

the claimant replied no address given from the defendant

 

i never had the letter with me at court to prove them a letter was sent to me at my real address

 

i never moved address at all never lived at 67

 

how do i expalin it to the judge

 

what documents do i need and

 

can i send another set aside application n244

 

i do not owe nothing to this MIB claim and

 

i was never involved in a accident

 

there must be something i can do

 

please advice me

[BankFodder]

I think that you should start off by posting the claim form and also your set aside application for us to see.

 

Also, your account of the situation is not very clear and it will be a good idea if you sat down calmly and work it all out for us methodically and chronologically in clear short paragraphs so that we can get a better idea of the position.

[dx100uk]

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

IPHONE only, take a pic and convert to pdf via an APP

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

or use Primo PDF.

.

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAG in the title

i'e Default notice DD-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

you can click on your links to check them too!

.

dx

[r1boy]

hi ok all i know is as follow

 

in may 2008 a letter from a ARMSTRONG SOLICITORS received at my tenants address 67

it was given to me

 

i called them the person i spoke to them

letter was under my name at my property 67

 

it had an RTA details saying i reversed off a driveway and hit into the driver side of thrid party

 

i explained that i was never involved in a RTA

 

also i pointed out the statement that if i allegedly did come out

i could;nt have hit his side as he was driving along the left side and the property 67 is on the left side

i would have damaged the passenger side instead of drivers side , he confirmed this correct

 

i also told them never lived at this address if they need to contact me i was at 42 my only address

( 67 42 same road)

 

now in 10th april 2014

i had a call from my new tenants that someone came from weightmans solicitors LLP on behalf of MIB asking for me

and left a contact number

 

i called them on the same day they said that a CCJ was issued to you in august 2013 from liverpool high court

why was'nt i contacted at 42 and i have no courts summons or claim form or ccj

i denied the RTA and told her what i said in 2008

 

they replied - we need you to pay the debt and when will i make the payment you live at that address 67

i told her i don;t have any sort of letters from you or the courts i never lived at 67

requested her to send me document which they hold cliam letters and ccj

 

on june 6th 2014 i sent a set aside application from the county court birmingham

i had a hearing on the 5th august 2014 at liverpool county court

 

i explained to the judge that it was a fraudulent in 2008

and i spoke to ARMSTRONG SOLICITORS all i thought was its was quitted

 

i only come to know the ccj in 10th april 2014

i was never aware of this before that time the judge

 

read the claiment statement i told them i will put in a defence in 2011 statement

the claimant are saying this i denied this is all wrong

 

i explaned to the judge i never knew anything about this until april 2014

the judge never believed this and dismissed the case with further cost

 

i did'nt take any tenacy agreement of the tenants who lived there at the time of all this claiming was happening

 

i told the judge i was injured since 2010 for their records due to a accident at work in 2010

and im in alot of pain having medication right now physio

 

its been 4 yrs since i have been ill and

i never lived at that 67 address

i only own the property which had tenants in there up until now aswell

 

this is all i know about this claim against me

Edited August 10, 2014 by r1boy

[r1boy]

need to act quickly

 

please can you advise me on this

 

i have got a copy of the files and ccj requested from weightmans solicitors LLP

 

i also got a letter from weightmans solicitors LLP address to my real address 42 only 1 letter

 

i did not take it to court on 5th

 

yet the claimant still denied that they had my real address when the judge asked them

[r1boy]

hi

 

can you please advise me

 

which form do i need to appeal set aside ?

 

why is it i can't do another application to set aside ccj ?

[r1boy]

i have got 2 witnesses residents 65 and 69 who can give a witness statement that third party vehicle was speeding on the day of the accident and lost control of his vehicle

and collided with the lamp post which was oppsite side of the property 67 he then spun off he did not even stop at all

This was what i was told by them and it was my defence i got to know this in 2010 they can also state i never lived at that property if i speak with them now and possibly get them to come court with me do you think i need to send their statements when i appeal this set aside judgement

Edited August 11, 2014 by r1boy

[BankFodder]

What you are saying is all very interesting. You may well have a very good case. However, it won't be easy to help you if you don't give us the information we need.

 

Please have a look at my post number 3 above and post the documents that I have asked to see. In that way we can proceed to give you some help.

 

If you want to appeal this, you only have a very limited time and you are only wasting your time if you don't provide us with the information.

[r1boy]

i new to this forum

whats documents i need to attach please

ccj judgemeny front page only or the whole file

do i need to attach claiment witness statement too

[BankFodder]

Please refer to post number three.

 

The claim form

 

Your set-aside application

[r1boy]

claim form

[r1boy]

hi i point the statement out on page 4 its been changed different hand writting

[dx100uk]

you have uploaded the MIB insurance claim filled out by the party

 

we need to see the COUNTY COURT CLAIMFORM please.

 

dx

[BankFodder]

If you are going to receive any help from us, you will need to learn to use the technology. You will also need a scanner which you can get for for about £60 from PCworld. Here is a good one which will last you a long time - http://www.pcworld.co.uk/gbuk/printers-ink/printers-scanners/scanners/canon-canoscan-lide-110-flatbed-scanner-07540828-pdt.html

 

If you go to your local library and explain what you are trying to do, they will be pleased to help you.

We are happy to help you for free but you will need to take charge of providing us with correct information and in a form which we can read easily

[r1boy]

hi i have also attach the letter sent to my real address 42 and they still claimed they never had my details at the hearing

im very ill right at this moment alot of back pain and

stressed out

please im trying my best i will upload the set aside too later

 

i also would point out i never spoke to gemma roberts or pc townhill

who they claim in the statement surely they should have a statement from the police officer to prove this when he attend to speak with me about RTA claim its all falsely made up 100% by the claiment i can 100% say this

 

i never acknowledgement of service in 26 may 2011 which claiment say it has been filed in received i did not send any signed paper at all i only spoke to armstrong solicitors and no one else up until 10th april 2014

 

i got to know of this ccj existance on 10th april 2014 i even can provided a mobile call bill which i made a to call to weighmans on at 10th april 2014 8 miniutes duration

i never send any letter or signed any documents statements at all

i want to purse this and defend has i have 2 witnesses to defend this false claim

Edited August 11, 2014 by r1boy

[dx100uk]

you MUST redact pers and identifiable details to you from all documents you post up

 

all attachments unapproved and hidden.

 

i'll try and go thru them tonight.

 

and put them back up

[dx100uk]

there are pages missing from the GB WS.

 

and where is the original N1 claimform and the subsequent judgement

[r1boy]

i have never lived at 67 although WS still sent the letters and court summons there i can prove this

i got my medical letter dating back to 1998 up until now

and work pay slips dated before 2010 benefit letters all at my residential address 42 i lived there for 34yrs

how can they claim i lived at 67

the 2 witnesses statement i got aswell

the PT was very unprofessional at the county court in filling the set aside i was telling her i need to show proof of address and witnesses statements

but she said this will be fine

i now think i should have come here first but i went to county court in birimingham

[dx100uk]

ok i'll work on those now

 

wait

[dx100uk]

sorry but 25 docs is far too much work

 

yu need to remove all pers details and ref numbers etc etc

 

though the siteteam can still see them.

 

PLEASE DO NOT POST ANYMORE DOCS UNTIL YOU REMOVE PERS INFO!!

 

dx

[dx100uk]

unsubbing

[CrappoMan]

i have never lived at 67 although WS still sent the letters and court summons there i can prove this

 

Was the vehicle allegedly involved in the crash registered at no.67 on the V5 ? If it is, that is probably why the letters and court summons were sent to that address. Are you aware that even tho the address doesn't have to be the address you live at, it has to be an address that YOU can receive post at. You can't use the excuse that it's not your address, if the V5 has that address.

[r1boy]

I had tennets in no67 I wasn.t given the court papers by the tennets if these summons sent there I told Armstrong sol this when I spoke to him my residential address 42no so they still can send the letters to no67 why did they not send the paperto no42

[r1boy]

sorry but 25 docs is far too much work

 

yu need to remove all pers details and ref numbers etc etc

 

though the siteteam can still see them.

 

PLEASE DO NOT POST ANYMORE DOCS UNTIL YOU REMOVE PERS INFO!!

 

dx

 

 

ok I will do that