Help With Hfo / Turnbull Rutherford Please

[bracken42]

Could someone please help me urgently.

 

 

Thanks

[Drexl Spivey]

You might have grounds for having the ccj set aside and need form N244 . Since it was delivered to your work address and not to you. "The Clerk of Court said it should not have been lodged at a business address" . I'd do it formally with a N244, not rely on them doing it. Especially in the light of "She also gave me the telephone number for HFO and reference number and told me to ring them and get it sorted out with them "

 

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

 

Removal of CCJ's - Valid reasons to have your judgements set aside

 

Then you need to put the debt in dispute with a cca and sar request.

 

Sounds statute barred to me thou . Definetely some causes of complaint to OFT here.

 

I bet they found out you were on long term sick from work from their constant phone calls there and engineered this situation to happen , ie likely to miss the court forms being delivered there. It's the only way they'd win..for you not to show up, if you'd been there and your defence was section 5 of the limitations act they'd have lost.

 

The judge might want to know that had you defended the case it might have gone in your favour. That you had a credible defence, a prospect of success. And of course section 5 would be an irrefutable prospect of success.

[rory32]

I think you have learned now to NEVER to speak to these people on the phone. Make sure you send the letters recorded delivery. As part of the CCA request also ask for a statement of account.

[clutchingatstraws]

Bracken

 

Do not speak to these people on the phone. Ever again!!!!!!!

 

You do not have to answer any security questions.

 

"Can they just turn up? Can they just take what they want out of my wage?"

 

No they can't, not without a court order, the court will enforce your rights to have a reasonable living.

 

 

Good on you for sending telephone harrassment letter.

 

 

You have friend who will help and advise you on this site.

 

All the Best

 

Cas

[Drexl Spivey]

They do have a court order. Need to get this set aside asap . If your going on to sick pay soon, you should ask for form EX160 ( Application for a fee exemption or remission ) as well, to save on the £65 ( I think it is ) fee .

 

 

http://www.bdl.org.uk/images/12_how_to_set_aside_a_judgment_in_the_county_court.pdf

 

 

Then once it is back to the claim stage. Can attack them in earnest then, probably end up with them paying you .

 

Maybe should pm Laiste too , as it is urgent, should they start an attachment to earnings.. sounds like that might be the final straw with your company

[Mamie]

Hi Bracken,

good to see you have got the right thread now to get the help you need

 

rae may

[Drexl Spivey]

Maybe you could find somebody in the human resources department you could explain the situation to . That their name is being dragged into it by the illegal practices of HFO . Maybe they only know half the story and hence know no better than to blame you. With your company on your side you'd have a lot more evidence of harassment if they keep logs of external incoming phone call times etc .

 

You know anyone in human resources you could approach about it ?

[bracken42]

thanks

[clutchingatstraws]

Which union I'll see if I can help.

[bracken42]

thanks

[diskmandave]

I can only reiterate my misgivings at these people contacting you at work like this from what I have just written on your other thread.

 

I'm Senior Steward with GMB Union and if this happened to any of my members we'ld be balloting for industrial action! You haven't acted badly, it's these parasites who've got it all wrong!

 

"investigatory meeting" - This should be informal and not a full disciplinary. They have to write to you and require to attend.... Go in all guns blazing about who's in the wrong. Use the legislation i've posted on your other thread and make it clear legal action will follow (TS's).

 

A trip to Trading Standards has got to be of the highest priority now.

 

Good luck & best wishes, Dave.

[bracken42]

thanks

[Drexl Spivey]

Did you get back in touch with the court to see if the clerk of court had managed to get it set aside as they had indicated ? Have you requested form N244 to otherwise set about getting this done yourself ? They may want to know the reason for any procrastinations in your actions for not having done so as soon as you realized the papers were delivered to the wrong address .

[bracken42]

thanks

[clutchingatstraws]

Hi Bracken

 

Totally agree with DMD

 

I suggest you also get your amicus rep to talk to the area organiser the union should provide a legal service that can advise you.

 

All the best Cas

[alibobsy]

Bracken just a word of advice you seem to have posted this in several different threads and it is usually better to stick to one thread so everyone knows where you are up to I posted this on your other thread "

Just wondering if they have applied for the first (i assume)CCJ to be set aside, and a new claim to be issued to the correct address won't that mean you get a chance to go to court to dispute things? I can't see how they can say the original claim was at the wrong address, so you wouldn't have seen it and then just get the court to reissue the CCJ to a different address. Won't they have to reapply for the CCJ, which then gives you a chance to defend it.Perhaps someone with more knowledge can confirm this. You could then get the court to look at the issue of whether this is statue barred and also there is a high court judgement which supports the fact that no correct agreement=no enforceable debt. Hopefully a mod will be along to clarify."

good luck with work

ali x

[bracken42]

thanks

[alibobsy]

No probs bracken hope you get things sorted

ali x