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Bumpydog

should we complete a N164 appeal or N244

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Hello.

Could you please offer any assistance on whether we should complete a N164 appeal or N244 and set aside.  

 

We need assistance as we want to defend a small county court counter claim which was at best, falsified, parts were invented and the solicitors and claimants council counterclaim legal statements do not match their own evidence.

 

We think that if we put in an appeal N164 on the grounds for reasons of genuine none attendance and that we have more than a chance for real prospect of winning this appeal case then we want to do so rather than a N244 to set aside and have the whole case reheard. 

We admit we have made errors, things did not go as planned and we could not attend the hearing.

We cannot afford proper legal advice.

 

This was all due to taking an energy company to court yet they won the counterclaim and were awarded £4,000 costs.

 

We believe that the Judge at that hearing had a duty to inspect and review their counterclaim and check that it was ‘All’ in order rather than just accept that Council had acted with due diligence in putting their case forward when in fact they had not.

 

After receiving the outcome of the Courts Order we approached the PSU, CAB and a legal claims company, made appointments and meetings to discuss it with them but all have totally led us astray with offers to help only to say they cant do anything or found a reason not to do anything. The PSU even told us to use appeal forms which on contact with the county court admin offices stated that those are the wrong appeal forms to use, when went back into the PSU office to tell them this they replied “we are too busy, tired and people are too ill to deal with this today, we cant help you”.

 

Due to this it has now well gone passed the 21 days appeal date but we would still like to appeal rather than issue an N244, we could then enclose the facts that we have made every effort to urgently deal this, provide evidence of those appointments, contacts etc; and then summit a N164 which we would want be used to request an appeal, make the appeal on the same N164 furthermore request a Stay until the appeal is heard. Then include the relevant CPR’s I think these are parts 27.5 and 39.3.

 

We do not want to fight the order that ‘our claim’ was struck out but want to fight the counter claim that the court have struck out to our defence to their counterclaim and as we now have proof that we made payments on all the occasions that they have denied receiving payments this is also in writing from their CEO head office.

 

Should the appeal be granted and hearing heard we believe we can just use the other parties own evidence and their statements and their own payments breakdown to show how the statements they are using do not match their claim of payments not ever being made also show the court the false counter claim their false statements and their invented false statements will show that their counterclaim should never of been submitted and struck out.  

 

 

In Detail:

After years of fighting trying to pay bills at an affordable amount the energy company cancelling payment plans and trying to take us to court, we made a claim against them in Small Claims County Court. 

 

However,

Due to;  Not receiving certain papers from the court (proof was given to the court and accepted that) some of our papers not arriving at court for whatever reason the court has stated they did not.

 

Then Amended Particulars of Claim papers sent to the court being deemed too large by email and not accepted, these were re-submitted but the court stating that only the defence parts arrived (we have proof they did arrive) the court also mislaying our file then adjourning, our defence to the counterclaim arriving at the court before 4pm on the day but at other parties offices at 17.58pm instead of before 4pm and then finally our none attendance twice due serious illness ( court had letters from a senior hospital consultant)

Our claim was struck out.

 

We accept the court have struck out our claim that is not our concern.

Our issue is that the court had our defence in the time allowed however, it has stated that it was no different to the initial application which is totally incorrect as we first only wrote 4 lines for the initial claim then we issued 5 full pages when submitting the Amended Particulars of Claim papers which the court has.

We do not accept that our defence should have been struck and we do not accept the counter claim has any merit or even makes sense.

Although we have made errors, things did not go as planned and we could not attend the hearing.  

 

We took an energy company to court yet they won the counterclaim and £4,000 costs.

We feel that the court at the hearing had a duty to inspect their counterclaim and check that it was ‘All’ in order rather than just accept that Council had acted with due diligence in putting their case forward when in fact they had not.

 

Their counter claim makes statements and provides letters from their customer services and their CEO office which state we cancelled direct debits and did not make payments when payment agreements were setup so they had to cancel them. However, the payment breakdown they finally supplied to the court shows the payments were in fact made on the dates they claim they were not, so why would we cancel debits that they were live and they were receiving payments from.

 

Although this is a total mess.

 

We now finally also have proof that the payments were made and direct debits were not cancelled by ourselves and that they have lied and acted in a fraudulent manner just on this alone.      

 

 After many years of paying an energy company it turns out they had put us into debt, which they deny, they claimed payments were not paid and we cancelled Direct debits rather than paying the account. We wrote to to their customer services and CEO, Both replies stated that we had not paid the monies due and we cancelled the DD's however they have never provided a breakdown of payments.

 

 They tried many times to take us to court for the debt but failed,

finally we took them to court for

putting us into debt,

harassment,

cancelling direct debits,

setting up new ones without our permission for higher amounts,

false claims of none payment,

and them making claims on credit reference agencies that we failed to make payments.

Not including us on the priority register or disability assistance.

Telephone calls from them to state they had warrants to enter our home to remove the metering equipment,

when we requested copies of these warrants they said they didn’t have to show us or email copies.

They also said if were not in when they called to take the meter, they would Smash the door in.

 

 On this being issued into court the solicitors issued a counter claim for the same amount stating they had acted correctly throughout at all times always checked the payments met the consumption we didn’t pay on time or at all and cancelled debits.

 

They also included two paragraphs to state that their clients offered us the discounts through a disability scheme but we never took it up.

This offer they claim was actually not available through this energy scheme but they never bothered to check all these facts before putting it into a statement.

They finally provided a breakdown of the payments made during the periods.

The payments show they never checked the usage versus the consumption for 5 years which put the account into a huge debt which they claim they did check. 

 

 They issued the counterclaim that payments were missed and we cancelled direct debits then we contacted them to set up new direct debit for higher amounts yet the payments were in fact made to them so them lied about this and they cancelled direct debits and set up new higher ones. Their own breakdown schedule shows payments were made.

 

On the face of it it would seem their solicitors just copied their clients letters included them in the counter claim and made up the disability offer all without checking the paperwork and payments and what was actually took place.

 

However, we attended court as we had not received paperwork from the court so we requested for it to be adjourned.

When we attended court again they again had a barrister, but the court had misplaced our file, so it was adjourned,

the next was adjourned due to our serious illness and the final was requested to be adjourned to to continued serious illness.

 

At that hearing the court gave an order to strike out our claim due to not attending, sighting that not having the Amended Particulars of Claim and also struck out our defence on the grounds it was no different to the original it only arrived at the other side officies at 17.58pm instead of 4pm, the other party was awarded the counter claim and costs of £4,000.

 

We know the court has totally ignored their false counter claim their fabricated statements and false accounting claims also terms of service which they have not adhered to which is under licence.    

 

We feel if we put in an appeal N164 on the grounds of reason for genuine none attendance and that we have more than a chance for real prospect of winning this then we want to do so rather than a N244 to set aside and have the case reheard. We accept the court have struck out our claim, we do not accept they have struck out our defence and we do not accept the counter claim has any merit or even makes sense.

 

They are now trying to issue an N39 and we believe they intend to put this on the house or make us sell up to pay them back of £7,356.40.

 

Thank you for reading and replying.  

 

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