taking Haze Vehicle Management to Small Claims Court

[rrokieDriver]

This is my first hearing for this claim.

 

I had received N244A form last year in November 2018 with N244 form. 

 

All I received was one single page of N244A form and 3 Pages of N244 form stapled together.

[AndyOrch]

How do you know the hearing date is next month then if you have received nothing ?

 

You have had nothing like the following in post #135 ?

 

https://www.consumeractiongroup.co.uk/topic/415591-lowell-claim-form-old-provident-doorstep-loan/page/6/?tab=comments#comment-4996444

 

 

[rrokieDriver]

The hearing date is written on N244a form that I received.

 

I will attach the photo in a min bare with me

 

Just realized I said 20 days till hearing on my post, its actually 15 days.

 

I had written draft for this post couple of days ago.

 

I have posted the link for the img.

https://imgur.com/a/SjRnBwa

[AndyOrch]

Ah ...so the hearing is to decide the set a side...you didn't have a hearing last Sept to set a side ?  I thought you stated it had been set a side last Sept ?

 

 " Now the case has been transferred to local court and judgement has been set aside. "

[rrokieDriver]

Yh looks like I didn't point that out clearly in my previous post.

 

It is indeed my first hearing.

 

I am sorry for misunderstanding but later on I confirmed it was not set a side when I talked to the county court, they just filed an application for it.

 

If I was able to make you understand my current situation what advice would you give me for the hearing on 5th of July?

[AndyOrch]

Simple.....in  response to an application to set a side......the other party (claimant or defendant) can submit their own statement in response with exhibits as evidence as to why they object to the application and that the judgment stands.....this must be filed and served with your local county court not less than 7 days pre hearing (5th July ) ...Friday 28th June 16.00hrs

[AndyOrch]

Did the defendant attach a statement to their application in support of the set a side ?

[rrokieDriver]

Yes they did.

They used N244 form for it.

 

They simply stated that they did no receive any proceedings and they can defend the case with reasonable chance of success.

[AndyOrch]

Not much to go on then......in most cases none receipt of a claim form is difficult to prove otherwise.Most courts would probably allow the application providing they made it promptly.

 

Have you any reason to disbelieve otherwise ? 

[rrokieDriver]

I do not believe they did not receive the court proceedings.

 

On their N244 application they stated "We have been informed by the occupants at our previous address that the bailiffs had visited their previous property on 03 August 2018 in respect of this matter".

 

There are no previous occupants, they still trade from that address that the bailiffs I sent visited.

 

I know this because bailiffs sent me the photos of staff that was there on 3rd of August and its the same staff that sold me the vehicle and also the manager who wrote and signed that N244 form.

 

They keep lying and lying...

 

Those people have audacity to resell the vehicle I returned to them without refunding me on a different website they have now and a different car garage that manager owns.

 

They said they will tax my vehicle for a year and I paid them to do so but they only did for 6 months.

 

Hard to trust that they did not receive the proceedings.

[AndyOrch]

Okay now we are getting somewhere......and I suppose they never received the Notice of Default Judgment .....the Warrant informing them of Bailiffs...and then only then decided in Sept 2018 to make application to set a side after the arrival of the Bailiffs. 

 

I agree they are playing the system.

 

So you need to prepare a statement outlining the above and attach any evidence as exhibits to back up your statement.Have a go at drafting and post here for opinion.

 

Andy

[rrokieDriver]

Correct.

 

It is possible they may have not received one letter but how can they have not received Notice of Issue (first class post), Notice of Judgement Entered, Letters from Bailiffs.

 

I have one more question.

 

When the default judgement was entered against the defendant and the CCJ was issued I upgraded it to High court enforcement.

 

Now the HCEOs did not seize any vehicle from them as the defendant applied for N244 application in their 2nd visit, the fees have piled up over 1500.

 

They say if the judgement is set aside I will be liable for the fees but as far as I know only have to pay compliance fees of 75 quid if they were unsuccessful.

 

They want to charge 150 quid for a witness statement and details of enforcement stage so far.

 

Do you think I require witness statement yet?

 

Is the bill from them enough to prove that I had indeed sent HCEO to seize their goods?

[AndyOrch]

Correct they failed to execute the judgment on first visit ....any fees you add to the judgment amount.If they do get their set a side and you do still win the claim then that's amount required to settle the judgment.If they get their set a side and you lose the claim...they pay nothing and you stand the costs so far.

 

I dont quite understand your statement " They want to charge 150 quid for a witness statement and details of enforcement stage so far. "

 

Defendants cant issue bills or request any monies.The defendant owes nothing nor is liable for anything until the set a side is dismissed or you win.

 

But all that is irrelevant...you still have to submit a response statement to their application..otherwise you are deemed to have consented to the application.

[rrokieDriver]

What I mean by that is the company I used to send bailiffs/HCEOs to the defendants place is willing to give a witness statement.

 

I had previously sent HCEOs to the defendants place and they stopped visiting the defendant's place once N244 application was filed. They are willing to write witness statement stating everything they have done so far and all the stages they have been through at the cost of £150.

 

I am currently writing my statement however, what should I be focusing on? to prove that I do not believe that the defendants did not receive any court proceedings or how they screwed me with faulty car, how they took my money I gave them to tax my vehicle or everything I find what was wrong that lead me issue a claim against them?

[AndyOrch]

No you dont need a statement from HCEO...even if it was free.....you have the relevant papertail to prove their involvement.

 

You write down all the things you think that require to be said in response to the defendants behaviour so far......since judgment ...since HCEO...and why their application should be denied.

 

I will then re draft it into a acceptable format with the relevant CPRs etc etc

[Manxman in exile]

Quick question for my education (and I hope the OP's).

 

When sending copies of notices and evidence etc to a defendant, should it be sent recorded delivery or is first class with proof of postage sufficient (or even better)?

 

Can't recorded delivery be refused by the recipient?  And if it is refused, can a defendant legitimately argue that it was never received?

 

Sorry - don't want to drag this thread off topic but it seems sort of relevant.

[AndyOrch]

Whatever you can afford...either would suffice....as long as you have proof of delivery.Better still if you can also get an email and duplicate service.

 

If they refused delivery you would have notification and evidence of refusal...so winner winner chicken dinner 

[Manxman in exile]

Thanks Andy.

[rrokieDriver]

Hi,

I have created a rough draft. I am not sure if it too long or short. I do have video evidence of what was wrong with the car but not sure how do I include this.

statement.docx

[AndyOrch]

And you state that the defendant has not attached a statement to their application...simply wrote reasons on the N244 ?

[rrokieDriver]

Yes they simply wrote reasons on the N244 application form.

They also attached one page with the application which looks like the request  to the court.

I have attached the link here to the application form.

 

I received 2 copies of these, first when they filed the application and the second when I received the notice of hearing of application for 5th of July with the N244a that I posted before.

N244

https://imgur.com/a/JvjBkQY

N244a

https://imgur.com/a/SjRnBwa

[AndyOrch]

Great...many thanks.

 

Hopefully get chance over the weekend or early next week to finalise a draft for you... in time to file by Friday 28th June 16.00hrs.

If there is anything further you wish to add or anything I require I will bump your post and you will get notification.

[rrokieDriver]

Thank you so much andyorch.

 

It means a lot to me.

[AndyOrch]

In the XXXXXX County Court.pdf

[rrokieDriver]

Thanks andy.

 

Once I make few changes to this statement, I should be sending a copy of this statement to the county court and to the defendant? 

Thank you very much