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

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Made an application to set aside a judgement for a CCJ from a company called MOTORTRADES.CO.UK. Received a letter from the court yesterday stating hearing had been set for July 28th 2017 at 3.40pm allowing 20mins for the hearing.

 

I suffer heavily with anxiety so was wondering what to expect at the hearing, the company involved I have found out has since closed up shop so doubt there be any resistance to the set aside application.

 

I have also found loads of complaints on this company online where they have conned people into setting up advertising and websites but not actually done as they had claimed. Loads of examples easily searched and printed off.

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I think you need to give us a lot more detail as to what has happened. In particular, what is the basis for your set-aside application – please post a copy of it here in PDF format. Please also post a copy of their claim in PDF format.

 

If you are at all worried about going to court then please read our guide about making a familiarisation visit. http://www.consumeractiongroup.co.uk/forum/showthread.php?439553-Guidance-note-Making-a-County-Court-familiarisation-visit This is worth doing.


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Thread moved to General Legal Issues...please continue to post here to your thread.

 

Regards

 

Andy


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thanks andy.

 

Also have attached the requested documents.

 

any other information needed I'm happy to answer.

docs1.pdf

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So now you need to prepare and gather all your evidence to present against the claimant pleadings.Evidence of your change of address and basic evidence that you are not liable.This wont be a full trial but a decision as to whether to set a side the judgment and then let you proceed and present a full defence at a later stage as advised by the court.

 

If the court feels your evidence fails then set a side will be dismissed...if not you will be given further time to defend the claim normally.

 

Andy


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Is there a set way to organise the evidence I.e bullet points for each bit of there p.o.c?

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Yes you should either prepare a fully particularised defence with exhibits (documents/evidence).

 

The letter re the hearing does it not give further directions ?


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Okay well if the set a side is successful it will then proceed to allocation and then further directions...but take some documents and a basis of a defence that you intend to defend on.


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So should I get it set aside successfully will it still go to allocation and further directions if the company don't respond to the application etc? never had to do this before

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A set a side hearing usually last 30 mins...its not a trial..its only to decide if you have enough good a reason and a proposed defence that has merit...so one relies on the other......if you cant convince the judge you do have grounds to defend...then he wont grant the set a side.

 

If the claimant does not show at the hearing at all ......better for you.


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this is what I got so far.

 

having trouble converting to pdf at the minute. so have copied and pasted.

 

Defence

 

1. Phone call was received from a sales rep from MOTORTRADES.CO.UK around the 7th November 2012.

 

 

I listened to the pitch from the rep in which he stated they could provide me with an internet advert for my business which he guarantees would bring me at least 50 more calls a week and would I be interested, I said possibly dependant on cost as the business had not long started up and had limited funds, I was then talked through different plans and costs etc, He said before any payment was taken etc I would be provided with a template of the advert and once Im happy with it I would then sign the agreements and set up payments. I said that sounds fine. He then sent me a link through email to an esign document which I admit signing but this was giving the company permission to prepare the template and to say I was interested in the product.

 

2. From that day to this I have never received any template of any advert and not had any links etc showing the advert had ever been prepared or gone live on the internet. I was also told they would give me a login so i could trace how well the advert was doing and this was never received considering they said I had ordered there product.

3. The next time I heard from the company was a few weeks after this demanding payment of the advertising in which I told them i had not received the template and had not proceeded with the order or signed any invoice or contract. To which he informed me I had esigned a document to which i replied the only document I had esigned was to say I authorised them to prepare a template advert and that this is what the agent had told me. I also asked for proof the advert had been prepared and had gone live to which he couldnt supply any proof.

4. My claims were that there was many complaints online about this advertising company and this was my main reason for not proceeding with the advertising through them.

5. I have provided exhbits to prove this company has many complaints about the way they act towards there customers, also there unfair terms and conditions etc. Inflated prices automatic renewals and taking payments without permission. This is provided to hopefully show that the company is untrustworthy, and unfair.

 

how does this sound so far? any tips or nudges into the right direction for me.

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i'd chop that done to a few simple bullet points

 

 

don't fire all your arrows until/unless theres a retrial


please don't hit Quote...just type we know what we said earlier..

 

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any suggestions on what ones bud? never had to do a set aside before so no clue how to go about things.

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just the main reasons.you don't have to provide history or 'truth' for want of 2 words.

 

 

1. I was duped into signing an agreement that I was told would not become binding until I had authorised the advert template following the claimant showing me them first.

 

 

2, the adverts never appeared in any issue of the publication the claimant referenced to me.

 

 

3. the claimant are subject to numerous TV and on line complaints regarding like treatment to other businesses.

 

 

see what andy says.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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points in post 6 address issues should be the first.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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any tips on best way to word the issues with the address.

 

for instance

 

I had never received the court summons due to building work being carried out at our property which meant I wasn't staying at the address at the time ...?

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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


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any tips on best way to word the issues with the address.

 

for instance

 

I had never received the court summons due to building work being carried out at our property which meant I wasn't staying at the address at the time ...?

 

 

So it was good service then?

 

Did you notify your creditors of you're temporary address?

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So it was good service then?

 

Did you notify your creditors of you're temporary address?

 

Would you Gany?...if you were having renovations and had to temp move out.....? Irrespective there should still be a letter box and it could still be posted...even if unoccupied.


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Would you Gany?...if you were having renovations and had to temp move out.....? Irrespective there should still be a letter box and it could still be posted...even if unoccupied.

 

No probably not, depends on how temporary "temporary" is though I guess.

 

Was it not possible for the OP to pick up their post on a regular basis?

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Well thats the type of questions that will have to be addressed at the hearing.


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for clearance.

 

I was away for approx. 2 weeks all told.

builders were there from approx. 8-9am til 4.430pm.

our post always arrives around mid day,

I collected post every few days.

 

I was a self employed Mobile mechanic covering the whole of the west midlands down as far as Warwickshire so to collect everyday just wasn't possible.

 

as for the Court papers

the last I had heard from these jokers they were investigating my concerns........

not heard a thing since. until this came to light.

 

and no I didn't notify them as originally should have only been away for a week but the work took a bit longer than expected.

 

as requested POC

 

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.

 

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.

 

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.

 

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.

 

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

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Busby, did the Court send the Claim Form etc to your house or not? You're not clear on that.

 

If the Court did, and you were collecting your post every couple of days, why did you not reply to the Court?

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