Writ Set Aside How i did it.

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kelvincushman
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Joined: 18 Jan 2014 17:35

#1 Writ Set Aside How i did it.

Post by kelvincushman » 18 Jan 2014 19:38

OK right its a long post but hopefully someone will find this helpful. I'm not 100% finished with this post so I will update it as it unfolds.

So After finding out i had a CCJ and HCEO hunting me down i really thought i couldn't do anything High Court Enforcement Officers i never heard of them. so first thing i did was google first thing was this http://www.youtube.com/watch?v=Vbb3qj74CjQ my head was spinning. I visited the CAB what a load of Bo*****cks they said theres nothing i can do! and i got a parking ticket.

How Wrong Was I. i then stumbled upon this site and read like a maniac i eventually purchased letter templates and spoke to Jason who put my mind at rest. next day i printed off and visited my local County Court that has a District Judge which was Birmingham.
I paid £10 to swear an affidavit that is in the template letters
I paid £88 for a emergency hearing.
and I submitted a N422 Form explaining I never received any correspondence from the claimant let alone a CCJ.

The Judge ordered that the Writ is to be stayed and i didn't have a clue what this meant

CASE SUMMARY

1. I am the DEFENDENT in this case.
2. On 30 AUGUST 2012 I ASKED THE CLAIMANT TO INSTALL ALARM SYSTEM, THE ALARM INSTALL WAS NEVER COMPLETE. 2 X PASSIVE INFRA RED DETECTORS WAS NEVER INSTALLED. ( evidence I WILL BRING UNINSTALLED SENSORS to court)
3. REPEATED CALLS TO ADT TO RESOLVE ISSUES I not receive a satisfactory response.
4. IN FEBRUARY 2014 I CONTACTED A ELECTRICIAN TO LOOK AT MY WIRING, HE FOUND THAT A FAULT WITH ADT INSTALLATION AND PROVIDED MY WITH A CONDITION REPORT. ALSO EXPLAINED THAT IT DOESNT MEET BS7671 IEE WIRING REGULATIONS AND PART P OF BUILDING REGULATIONS AND THAT THE INSTALLATION IS UNSATISFACTORY.
5. IN FEB2014 I REQUESTED THAT ADT REMOVE ALARM THAT DOESNT WORK.
6. IN FEBRUARY I SEPARATED WITH MY EX-WIFE AND WAS A MESSY BREAK UP. I WAS UNDER A LOT OF STRESS IT WAS MY UNDERSTANDING THAT ADT WAS GOING TO REMOVE THE SYSTEM.
7. On 06th OCTOBER 2013 MY EX WIFE REFUSED ACCESS TO SEE MY DAUGHTER DOLLY FOR HER 2ND BIRTHDAY (DUE TO A HCEO ATTENDING TO COLLECT A DEBT FOR THE CLAIMANT)
8. I CALLED ADT TO GET MORE INFORMATION ABOUT THIS ALLEGED CCJ AND EXPLAINED THAT THIS SHOULD HAVE BEEN RESOLVED.
9: I VISITED CAB TO GET LEGAL SUPPORT REGARDING THIS MATTER, THIS WAS NO HELP SO I CALLED A SOLICITOR .
10. I CALLED ADT AGAIN AND SPOKE TO ADT LEGAL REGARDING THIS MATTER AND TOLD THEM THAT THE INSTALL WAS NEVER COMPLETE AND SYSTEM DOESNT WORK, AND I HAVE PROOF, THEY REFUSED TO BELIEVE MY SIDE AND TOLD ME TO CONTACT THE HCEO TO ARRANGE PAYMENT.
11. ON 16th OCTOBER 2013 I VISITED BIRMINGHAM COUNTY COURT AND SUBMITTED AN EMERGENCY N244 AND SWORE AFFIDAVIT OF A STAY OF EXECUTION AND TO SET ASIDE the Writ.
12. ON 16th OCTOBER I CALLED THE SOLICITORS SHOOSMITHS LLP TOLD THEM THE WRIT ***** FIERI FACIAS WAS STAYED BY DISTRICT JUDGE BALL AT BITMINGHAM COUNTY COURT ON THAT DAY.
13. ON THE 16th OCTOBER I SENT A SUBJECT ACCESS REQUEST TO THE CLAIMENT
14. ON 17th OCTOBER MY EX-PARTNER WAS VISITED BY HCEO AND A LEVY WAS PUT ON 07 RENAULT MEGANE BELONGING TO HER.
15. ON 18th NOVEMBER I RECEIVED THE SUBJECT ACCESS REQUEST FROM CLAIMENT.
16. ON 19th NOVEMBER I CALLED SHOOSMITHS ASKED THEM WHY THEY COULD NOT PROVIDE A 'NOTICE OF ISSUE' AS REQUESTED BY DISTRICT JUDGE BALL.

Since requesting the subject access request from the claimant I have found that they have conducted themselves in a criminal manner on 2 occasions and fraudulently on another 2 occasions
1. I have requested a full subject access request for my account but the claimant can not provide me with a copy of electrical certificates in conformance to BS7671 IEE wiring regulations, all electrical work is notifiable in accordance to part P of the building regulations it is criminal offence not to do so. It is also in breach of Consumer Credit act section 75 and in breach of Supply of Goods and Services Act 1982 , I have included a independent electricians report and photos to support my claim in my evidence.
2. EVIDENCE
Photo 1 to Photo 7
Documents ELEC 1 to ELEC 17
3. Levy on a 07 plate vehicle, according to the claimants records that I received via SAR the HCEO has done a illegal trace on a vehicle that does not belonging to me. I have spoken to the DVLA and they stated that only the police that can make a ownership of vehicle check the DVLA clearly states on there web site that only by ‘Reasonable cause’ a company or person can receive ownership details this includes:
finding out who was responsible for an accident
tracing the owner of an abandoned vehicle
issuing parking tickets
tracing people responsible for driving off without paying for goods and services
tracing vehicle owners suspected of insurance fraud
4. I have not committed any of the above and this matter is a civil matter.
5. It also shows that the claimant was in knowledge that they was if fact breaking the Data Protection Act 1998 and breaking my human rights and that they instructed them to do so after the writ was stayed. I have hi-lighted this in the evidence I have provided.
6. EVIDENCE
Documents LEVY 1 to LEVY 6
There are also other things that I believe bully boy activity by the claimant and I would like the court to resolve this matter.
1 The Claimant can not provide proof that defendant was served and therefore does not have notice of issue.
2 According to the Statement of Account from the SAR this shows that the defendant was charged £420.36 for installation of the alarm and this was added to my account on 25/09/2012 but in fact the consumer credit agreement doesn't show this at all. It shows a total fee of £631.00. I actually paid £314.00 deposit. The figures that they have sent me don’t add up and I believe that the actual sum they claimed on the original judgement is fraudulent.
1. EVIDENCE
Issue 1 to issue 3
Documents ACC 1 to ACC7

So since this I have submitted my evidence to court and to the claimant I have attended a court hearing expecting that ADT was going to be there but it was just me and the judge who was very rude. he set aside the CCJ and ordered that the claimant should be given the chance to provide there evidence.
The Claimant ADT had until noon 16th January to file any evidence in reply to my evidence and they have not done this the court date is set for March and I have occurred significant financial loss because of time away from work.

So what shall i do now?

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Schedule 12
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#2 Re: Writ Set Aside How i did it.

Post by Schedule 12 » 18 Jan 2014 19:51

You mention you have spoken to me, can you remind me who you are because I do about 15 phone consultations a week and it's hard to remember them all, in your case I would have done a set aside application, so it seems the hearing in March is to consider that application.

My expertise is in civil enforcement regulation compliance so I'm probably not the best person to seek advice on court procedure in the high court. I can only draft court documents from instruction by a solicitor or direct client.

You do need to make a simple statement, non legal, detailing your expenses you have described in your post and ask the judge or High Court master to consider them, or you can make an N244 application for your expenses or costs to be made against the claimant.
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DrWise
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#3 Re: Writ Set Aside How i did it.

Post by DrWise » 21 Jan 2014 21:37

numbers 4 and 5 shouldnt it be february 2013?

kelvincushman
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#4 Re: Writ Set Aside How i did it.

Post by kelvincushman » 26 Jan 2014 13:41

Shit yes I already sent it , what happens now do I plead ignorance lol

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Schedule 12
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#5 Re: Writ Set Aside How i did it.

Post by Schedule 12 » 26 Jan 2014 13:51

Send an amendment notice to the court and the parties. Keep it v.simple.
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Amy
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#6 Re: Writ Set Aside How i did it.

Post by Amy » 26 Jan 2014 13:52

It is what is known as a 'slip error' and does not change anything. It might though, be a good idea just to drop the court a quick note about the mistake.

kelvincushman
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#7 Re: Writ Set Aside How i did it.

Post by kelvincushman » 30 Jan 2014 23:15

Ok Guys on 30th January I received a notice of discontinuation from the Claimant. so ive WON!
But now i want to get my costs back any ideas? I did ask for them on the N244 form i sent in is there a
procedure for this?

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Schedule 12
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#8 Re: Writ Set Aside How i did it.

Post by Schedule 12 » 31 Jan 2014 00:38

Phone the court and they will tell you how and will send the required forms.
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kelvincushman
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#9 Re: Writ Set Aside How i did it.

Post by kelvincushman » 31 Jan 2014 09:32

Thank you Jason, I would like to take the opportunity to thank everyone for their help, and if anyone has any doubts or needs help with a bailiff of any kind you are in the right place. I have spoken to the court but they said that they hadn't received the discontinuation letter but mail is in a backlog for 10 days, they said if this is the case send letter or email outlining my costs.
I will post my outcome, again thank you.

kelvincushman
Posts: 5
Joined: 18 Jan 2014 17:35

#10 Re: Writ Set Aside How i did it.

Post by kelvincushman » 06 Feb 2014 12:00

I really need some help now.
Ive phoned and emailed the court and they said i should have sent a counter claim in, but how could i send a counter claim
What do i do to get my Costs back? im owed £1856 so far

£314.00 Alarm Deposit
£ 30.00 Overdraft Fee
£150.00 Electrician’s callout fee
£7.00 Photos Evidence
£ 1100 Lost wages @ £50 per hour x 22 hours lost
£40.00 travel and parking at court 2 times
£100 solicitors template letter fee
£ 10 Photocopying
£10 Affidavit fee
£80.00 N244 application fee
£15 postage

Please help

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Schedule 12
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#11 Re: Writ Set Aside How i did it.

Post by Schedule 12 » 06 Feb 2014 12:39

Make a fresh claim on form N1.

Might be better to ask on a legal forum as we deal with civil enforcement matters.
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Jenny225
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#12 Re: Writ Set Aside How i did it.

Post by Jenny225 » 01 Jun 2017 12:22

Hi can anybody tell me what Solictor I need and any good Solictor that can help me? As the bailiff is telling us to get a Solictor but I don't want to pay air of money for Solictor as it isn't my debt and now I have to go through solicitors fees etc...

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Pote Snitkin
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#13 Re: Writ Set Aside How i did it.

Post by Pote Snitkin » 01 Jun 2017 12:25

Why would you need a solicitor?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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Pote Snitkin
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#14 Re: Writ Set Aside How i did it.

Post by Pote Snitkin » 01 Jun 2017 12:30

This is your original thread yes? viewtopic.php?f=8&t=4569&p=67379#p67379

Go over there and I'll post some more.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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Schedule 12
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#15 Re: Writ Set Aside How i did it.

Post by Schedule 12 » 03 Jun 2017 19:32

Jenny225 wrote:
01 Jun 2017 12:22
Hi can anybody tell me what Solictor I need and any good Solictor that can help me? As the bailiff is telling us to get a Solictor but I don't want to pay air of money for Solictor as it isn't my debt and now I have to go through solicitors fees etc...
Set up a telephone consultation and I will tell you if you have a case, and if you do I can refer you to counsel as well as a solicitor. They only take bailiff redress business through me because I prepare the grounds of the case and legal argument statement because you get a conference with them.
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