MOTORTRADES.CO.UK advertising CCJ - set aside hearing.

[busbysneedshelp]

the claim form is attached on an earlier post however this was never received and as such I didn't know anything about it.

also on the claim form its got two addresses the current address and a service address which is where I moved out of in December 2012 they were informed in one of the phone calls hence they had the new address on the claim form.

Edited July 14, 2017 by busbysneedshelp

[Ganymede]

the claim form is attached on an earlier post however this was never received and as such I didn't know anything about it.

 

If you're saying that you never received the Claim Form at all in the first place, what is the relevance of you temporarily living away from home?

 

Either is was delivered to your usual place of residence or it wasn't.

[busbysneedshelp]

think theres a mix up.

 

Ive had a copy of the claim form forwarded once I had asked the courts about the unknown CCJ. this is the claim form I am referring to.

 

The original had never been received by me hence I couldn't challenge or defend it.

hopefully this clears any confusion up

[Ganymede]

Yes I understand that, just wondering why the emphasis on you not living at the property when really it's irrelevant.

 

The way your set aside application is worded it comes across as if you did receive the original claim form in the post but because you were living away you didn't read it or respond to it.

[busbysneedshelp]

Yeah I see what you mean now to be honest, although this is not the case.

I agree it's irrelevant but obviously now can't change the application. In hindsight I would have asked on here first.

[busbysneedshelp]

Internet advertising order 7th November 2012

ordered by recorded call and esigned agreement signed by the defendant using ip address *********** at 1442 on 7th November 2012.

The only document i esigned was giving motortrades permission to prepare a template advert for my approval prior to placing my order. We had only discussed rough costings at this point and final costings would be done once I had received and approved the template.

 

Payment has not been made,

defendant was contacted by track and trace mail ******** and telephone and email.

refused to make the payment on the basis he did not order.

 

I did exchange a few emails with this company, however in each and every email I stated clearly that I had not agree to any internet advertising and how or why would I agree to pay for something that I had not seen or approved for my (at the time) new business.

Then claimed to only have confirmed that we could make a template advert.

this is not the case and we have demonstrated this by series of emails on 30th November 2012 attempting to resolve without the need for court action.

 

I have since day one of this dispute continued to inform this company that at no point had I agreed or Signed for any ORDER only for a template to be made once I was happy with it I would then look at full costings and take it from there. I continued to receive the exact same response each time and at no point did I receive any reference to my querys or complaints, until I had emailed the then chief executive of motortrades.co.uk the last contact I received stated that they would look into my complaint.

Defendant now claims we have been investigated by watchdog which is not the case and is clearly trying to make an excuse not to make payment that he is legally due to make.

 

This is simply not true I pointed out that during the intial period of awaiting them preparing my template I had carried out research into the company and had read a series of complaints about false promises this company had made, including tricking customers into signing 2-3 different agreements, all of which I can provide evidence of.

 

we will provide the court with copies of the recorded call, esigned agreement and email exchanges in order to prove validity of the debt in relation to contract *************

fee due 365+vat

 

I have never received copies of any so called agreements recordings or emails with me admitting I had agreed to the advertising. The only emails I have sent is to confirm that I had only agreed to the template being prepared.

 

 

Anyone got any edits or suggestions to make this any more professional

[AndyOrch]

What is it suppose to be ?

 

Andy

[busbysneedshelp]

was advised to answer each bit of the poc so that's what I did.

or have I misunderstood

[AndyOrch]

So its a defence or a witness statement?

[busbysneedshelp]

Andy to be honest I don't know.

I was replying to each item on there poc.

Never done this before so trying to get things sorted in my head before I go to court friday

[AndyOrch]

Set a side hearing to determine to set a side and see if you have a valid defence.

 

And their defence is as follows ..verbatim you have not shortened it ?

 

Particulars of Claim

 

1.Internet advertising order 7th November 2012 ordered by recorded call and esigned agreement signed by the defendant using ip address *********** at 1442 on 7th November 2012.

 

2.Payment has not been made, defendant was contacted by track and trace mail ******** and telephone and email. refused to make the payment on the basis he did not order.

 

3.Then claimed to only have confirmed that we could make a template advert. this is not the case and we have demonstrated this by series of emails on 30th November 2012 attempting to resolve without the need for court action.

 

4.Defendant now claims we have been investigated by watchdog which is not the case and is clearly trying to make an excuse not to make payment that he is legally due to make.

 

5.we will provide the court with copies of the recorded call, esigned agreement and email exchanges in order to prove validity of the debt in relation to contract *************

fee due 365+vat

 

 

#######Defence#######

 

1. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied. The document esigned was giving motortrades permission to prepare a template advert for my approval prior to placing my order.

 

3. Paragraph 2 is denied. We only discussed rough costings at this point and final costings would be done once I had received and approved the template and confirmed my order.

 

4. Paragraph 3 is denied. It is admitted that there was exchange of emails with this company, however in each and every email I stated clearly that I had not agree to any internet advertising and how or why would I agree to pay for something that I had not seen or approved for my (at the time) new business.

 

5. Paragraph 4 is Irrelevant to this claim.

 

6. Paragraph 5 is noted and expected from the claimant at standard disclosure and witness statement at the appropriate stage of this claim.

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[dx100uk]

page 2 of the PDF in post 5 andy

[busbysneedshelp]

Type out the particulars of claim here on the thread and break them down into paragraphs...your defence should only respond to the points raised in the particulars by either admitting or denying each point...anything you do not respond to is taken as an admittance by the court.

 

Do not add anything further...detail comes later in the process.

 

andy

 

Andy this is way I was replying to above. The red sections I added were my reply to each section of the p.o.c.

[AndyOrch]

Okay well it requires a little tweaking and legalising..will take a look at it in the morning.

[busbysneedshelp]

Thank you Andy much appreciated

[AndyOrch]

Defence posted in post#36 above.

[busbysneedshelp]

Thank you andy.

can I ask you what the set aside hearing will be like i.e what should I be saying (reading the defence you put together for me) or stating the original papers etc were never received, also on the p.o.c it has my old and new address my old address being the service address does this mean the original papers would have been sent to the service address as if so they were well aware I had moved as I had told them during a one of the many phone calls hence them having both addresses?

[AndyOrch]

District Judge will conduct it...look at the paperwork...ask you fe w questions and then make his decision.If they were aware of your new address and they must have been if it was on the N1...then thats were they should have been served.

[busbysneedshelp]

is there any way to find out what address is was served to as both are on the form, I'm likely to think that its been served on the service address rather than the main address would this be right?

[AndyOrch]

It will be served to the service address...anyway there shouldnt be 2 addresses on a claim form...so you can point that out also

[busbysneedshelp]

brilliant thank you so much for your time help and advise Andy its appreciated. I take it the defence you helped prepare above is for the next stage of the process should the set aside be granted?

[AndyOrch]

brilliant thank you so much for your time help and advise Andy its appreciated. I take it the defence you helped prepare above is for the next stage of the process should the set aside be granted?

 

Well thats only an initial defence...you will be expected to expand in a witness statement further into the process...if it gets that far.For a successful set a side not only have you to show errors but also be able to provide a defence with possible merit...otherwise no point setting it a side.

[busbysneedshelp]

soo.

if I'm right

I should take the initial defence with me Friday,

as well as pointing out to the judge the address the papers were sent to was in fact the old address

that motor trades already knew the new address as they have enclosed that on their claim form.

That had I received the forms I would have been able to defend the claim against myself and that my intial defence is (wrote out above) ?

[AndyOrch]

Yes..take everything you need to prove your point...it wont be a trial at this hearing..just to decide if it can be set a side....and proceed.If you have not submitted any form of defence with your application to set a side I would run a 3 copies of the defence and ask the Court Manager/Usher to put one in the file.

[busbysneedshelp]

Hi Andy

Have just returned from the courts.

As expected there's been no response and no attendance from motortrades.

 

Judge however has asked I prepare and file a witness statement and statement of truth inc any exhibits.

 

He asked me to ensure I include the section in my set aside about being temporarily out of the property.

I can get affadvit from my mother who we had stayed with

copy of the tenancy agreement

affadvit from my landlord to confirm he had to do remedial works on the house.

 

I have to submit and serve by 11th August

 

 

my question is

how would I prepare a witness statement and statement of truth.