Private healthcare services and notice of warrant of control

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arvydas
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#1 Private healthcare services and notice of warrant of control

Post by arvydas » 03 Jan 2015 21:22

Hi,

First here is a short version of the story. More than 5 years ago my wife and I sought medical advice from a private hospital in Hertfordshire due to an accident involving our son. We made an appointment and received a consultation which lasted for about 1 hour. It was our first and only visit to the private hospital. After the consultation we asked about paying for the services at the reception, but we were told that no payment is necessary.

More than 5 years later this very morning we receive a Notice of Issue of Warrant of Control saying that we haven't paid the judgement as we were ordered so we need to pay £360 to court by 12th of January or bailiffs will be knocking at our door. We are shocked to say the least, because this is the first communication we received after 5 years. We never received any invoices (which we would have paid without any questions), any documents related to the court date, decision or absolutely anything related to that matter. It's as if everything has happened behind our backs and now we have the end result which is this threat of bailiffs unless we pay, because we haven't paid as we were ordered.

Is it possible to appeal or do anything about this? I can't believe that a person can be sentenced behind his back without any communication from the court office. This is first such matter for me involving court and very very unpleasant to say the least. The very least I want is for bailiffs to take over my possessions, so I would want to just pay, but I don't want to leave this matter as it is as I find that we have been treated extremely unfair. The only way I managed to trace back to the event 5 years ago is by searching for the creditor's name using Google which is the name of the doctor we had the appointment with.

I would be very grateful for your advice on what could be my next steps.

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Schedule 12
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#2 Re: Private healthcare services and notice of warrant of con

Post by Schedule 12 » 04 Jan 2015 10:09

Identify the court that sent the notice of issue. Complete a form N244 and apply for the judgment to be set aside. Your grounds, you were unaware of the debt until you received the notice of issue. Ask for your costs.

It works similar to setting aside a high court writ. http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm
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arvydas
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#3 Re: Private healthcare services and notice of warrant of con

Post by arvydas » 04 Jan 2015 12:13

Thank you very much for the information. This is very helpful.

I agree with the costs of the services provided by the private hospital, but should I also agree to the costs of the legal system that were handled behind my back? Wouldn't seem fair... Or should I just ask for the costs, wait for them to respond and take action later?

Is there any way to be certain that after I apply with the N244 and wait for the response (assuming that it would be by regular mail) no further action by bailiffs would proceed?

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Schedule 12
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#4 Re: Private healthcare services and notice of warrant of con

Post by Schedule 12 » 04 Jan 2015 18:47

If your N244 is accepted then, you are not liable for anything. The creditor will have to apply to re list the hearing and you can come to an arrangement to pay the debt. You are not liable for any unilateral legal costs unless ordered by a court.

A bailiff cannot do anything until a court has decided your N244 application. Just tell the bailiff, an N244 application is pending and he should contact the creditor.
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arvydas
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#5 Re: Private healthcare services and notice of warrant of con

Post by arvydas » 07 Jan 2015 10:38

Thank you very much for your help. I submitted the N244 and now waiting for response.

arvydas
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#6 Re: Private healthcare services and notice of warrant of con

Post by arvydas » 12 Feb 2015 13:29

There has been some development regarding this. I got the N244 sent and accepted straight away, there has been a hearing set on the 20th of February. I have been asking them to send me all paperwork regarding the claim for more than a month and finally I received it today. That took 5 phone calls over the course of this month.

Now I have copies of just 2 documents: the summons to court and Judgment for Claimant. The person who sent me these two forms wrote in a separate letter that the original claim form can not be found on file as it was started at CCMCC. When I called CCMCC, they said that they don't have anything related to the case as everything has been passed on to County Court office. I can only assume that the original claim form has been lost. When I called County Court call center, they said that there is no way to get the form and I should write to the court a letter.

The summons letter has my old address, the Judgment for Claimant form has the new address dated 2 years ago. I never received any of the forms.

I would appreciate any suggestions for my next steps... Should I defend myself with the information that I currently have or should I postpone the hearing and ask the court to get the original claim form from the claimant?

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#7 Re: Private healthcare services and notice of warrant of con

Post by Schedule 12 » 12 Feb 2015 14:49

You can defend it on the grounds the document has your old address and use the law to prove that service of the writ had not been effected.

The law is Section 7 of the Interpretation Act 1978.
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arvydas
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#8 Re: Private healthcare services and notice of warrant of con

Post by arvydas » 12 Feb 2015 19:04

Fantastic! Thank you very much for the explanation.

Once the judgement is set aside, what happens next? Should I settle the debt directly with the claimant, is there going to be another court date to settle this? What would be normally the easiest and fastest way to settle?

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#9 Re: Private healthcare services and notice of warrant of con

Post by Schedule 12 » 13 Feb 2015 08:42

Once the judgment is set aside the debt dies. The creditor has to start litigation process over again.
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arvydas
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#10 Re: Private healthcare services and notice of warrant of con

Post by arvydas » 13 Feb 2015 09:25

I don't want to go through another litigation process. Is it OK afterwards to contact creditor directly and agree on paying the debt?

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#11 Re: Private healthcare services and notice of warrant of con

Post by Schedule 12 » 13 Feb 2015 10:44

Yes, but lets take that one at a time.
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arvydas
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#12 Re: Private healthcare services and notice of warrant of con

Post by arvydas » 10 Mar 2015 08:19

The judge ordered to set the judgement aside, but told me that I have to provide my defense. Would greatly appreciate for any suggestions regarding this.

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#13 Re: Private healthcare services and notice of warrant of con

Post by Schedule 12 » 10 Mar 2015 08:53

You need to say why it's in dispute. Or if you don't dispute it and want more time to pay then ask the judge to make a variation order to pay the debt at (say) £50 a month.
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#14 Re: Private healthcare services and notice of warrant of con

Post by arvydas » 10 Mar 2015 09:49

The price of consultation was £120 which I do not dispute. I only dispute any additional fees, charges or interest the creditor has incurred. Do I have any legal grounds to dispute them on the basis that I was not invoiced to the correct address?

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#15 Re: Private healthcare services and notice of warrant of con

Post by Schedule 12 » 10 Mar 2015 11:40

Yes, because you were unaware the creditor had taken court proceedings against you without your foreknowledge.
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arvydas
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#16 Re: Private healthcare services and notice of warrant of con

Post by arvydas » 10 Mar 2015 12:32

Is N11 the correct or N9B better form to file my defense?

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