Can I win a dispute?

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
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Urgenthelpwanted
Posts: 3
Joined: 03 Oct 2017 12:46

#1 Can I win a dispute?

Post by Urgenthelpwanted » 03 Oct 2017 12:59

Bullet point summary of events:-

July 2016:- I advertised a horse for sale the public advert stated any prospective buyers could view and trial the animal at any venue they deemed needed to judge suitability for their needs at their own costs. Nearly 20minutes of uncut videoing was in the public advert along with over thirty pictures of children riding it.

July 2016:- A prospective buyer approaches me explaining the pony looked what they wanted and could she come to a part exchange agreement regarding the horse. An agreement was come to however I multiple times urged the potential buyer to try my equine at venues of her choice due to my own personal lack of facilities... she bypassed all of this information. Tried the horse in a hurry and took it home.. I later that evening sent her a description explaining I would give her five days to try vet etc the animal with professionals and venues of her choice before cashing the money and deeming him sold. She proceeded to ride him daily and messaged saying he was exactly what they wanted and I should mark him sold as he wasn't coming back.

September 2016:- she messages me explaining the pony no longer fitted her requirements and she wanted a full refund. I explained his behaviour could be down to injury and I'd advise having him checked... Months passed

Unknown month:- she messages again and I explain to refund her I would need to see the animal is in the same condition I sold it in and I would like proof of his aledged behaviour. I offered a rider to go and ride him (refused) I offered personally to ride him (refused) I offered they come here and providing he is indeed doing what they say the money in full (refused) I then offered them to video him start to end (refused)

MONTHS PASSED

May 2017:- I get a letter explaining due to me not turning up to a hearing I am now liable to pay £3000 I made immediate contact with the court who explained I could do an N244 and a help with fees... Both forms were completed and sent urgently... They we're returned asking for my national insurance which I got back to them in what I thought was good time but heard nothing more... I proceeded to email weekly to get a new hearing date but no correspondence was made.

September 2017:- Baliffs arrived with a high court writ to my now ex home... I immediately rang the bailiff who agreed to me sending yet another N244 off which I have done...

My question is... Is there any way I can demand a hearing as I was not aware of the judgment hearing date and I DO NOT owe her the money plus even if I did pay I would appreciate my asset back! To reclaim my losses.

How can I deal with this????

Urgenthelpwanted
Posts: 3
Joined: 03 Oct 2017 12:46

#2 Re: Can I win a dispute?

Post by Urgenthelpwanted » 03 Oct 2017 13:01

Please note for any prospective interested parties I can FULLY prove all correspondence between myself and the claimant... I am seeking urgent advice to not allow a false claim to be fulfilled and my reputation potentially damaged off the back of the false claim.

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Michelle
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#3 Re: Can I win a dispute?

Post by Michelle » 04 Oct 2017 11:34

To be able to obtain judgment, the claimant would have had to issue a claim. Did you ever receive a claim form? Have you moved house since you sold the pony to the claimant?

Sounds like you could apply to get the judgment set aside on the basis that you did not receive the claim form and you have a valid defence to the claim.

You need to apply on an N244, the application fee is £255 but in some cases, you may be able to qualify for fee remission, see form EX160a: https://formfinder.hmctsformfinder.just ... 60-eng.pdf

You'll need to attach a witness statement, a draft defence and a draft order.
N244SetAsideApplication.doc
WSSetAside.docx
DraftSetAsideOrder.docx
Your defence will have to be drafted based on the events you mention above, between you and he client.
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Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

Urgenthelpwanted
Posts: 3
Joined: 03 Oct 2017 12:46

#4 Re: Can I win a dispute?

Post by Urgenthelpwanted » 04 Oct 2017 20:57

Thank you Michelle,
I have indeed sent the forms to both Queens Bench divison and Northampton County Court Business centre today updating my information and requesting to ''Stay the order'' ''Set the order aside'' with a copy of the defence. My question is how often with very good defence do people acting get a hearing??

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