county court judgement set aside dismissed at hearing please help

[fxg]

county court judgement made in default on my property 67 limetree in birmingham which was rented i had a letter given to me by my tennet from ARMSTRONG SOLICITORS in 2008 solicitor claimng my vehicle was in involved in a RTA accident in 2008 Claiming on behalf of motors insurance bureau (MIB) claiming a different name was given and my reg of my vehicle and the accident happened outside the rented property 67 involved RTA which was a fraudulent claim my car was not involved in any sort of accident at all its was off road on the driveway no damage at all i spoke to the ARMSTRONG solicitors in 2008 (chris walsh) and expalained everything to him vehicle had no damage and was never involved in any accident the third party statement was wrong in describing the report aswell and chris agreed with him its had discrepancy in the claim i point out that to him too i also told (chris) i never lived an 67 although im the landlord and the property was rented out i gave my current address to him when i called him if he needed to write to me in the future my address 42 limetree same road limetree rd
Now in 2014 april
i was called from my tennets to tell me someone had come from weighmans solicitors different firm on behalf of MIB looking to speak with me i called them the same day and i explained the same situation its was a fraudulent claim against me with the Weighmans solicitor who was dealing with this case she was not bothered with anything i said she said a county court judgement was issue from the court in 2013 i also explained why was'nt i contacted at my real address 42 which i gave to chris walsh in 2008 so i could defend myself with this when i recieved the letter i then made a set aside application and attended a hearing
i also been ill due to my work injury which happened on 2010 october i never lived at 67 address only 42 for all my life never moved houses my benefits are at my 42 address doctors address work address before 2010 was 42 its my parents house which i lived since in the uk for 34yrs i went to the hearing last week to liverpool and the judge would not believe anything i said and dimissed the case with further cost of debt on the total i 150% believe it was a wrong descion and i did not received any letter at all for the judgement or court letter to me so i could have put in a defence the judge would not believe anything i said and dismissed the case im still injured since 2010 and having alot of stress and medication i lost my job due too and now i received a letter from the weighmans solicitors claiming to repossession of my property if i don;t repay the debt which is £12000 can i make another set aside application or appeal i 150% surely say this was all fraudulent claim against me and i never received the letter at my address 42 please can anyone help me here

[beingDUN]

Re: county court judgement set aside dismissed at hearing please help

have you been to court?
Is there a mortgage?
why are they trying to repossessed your property for a debt?
Is there a ccj against you?
151% correct
Why are you having this matter set aside?
You can make minimum monthly payment
Are you on benifits?

[fxg]

Re: county court judgement set aside dismissed at hearing please help

have you been to court? only at the hearing 5th august 2014 on the basis it was a fraudulent i provide the letter which i had in 2008 first letter my tennet gave me and i was disputing this false claim against me
the judge want to know that why did i defend it i explain that i never lived at 67 and the letter were sent there the claiment denied having my real address i have only 1 letter from the claiment sent to my real address 42 dated may 2014 and still it was denied by them in the court on 5th that day i never had it in court i lived at 42 for 34yrs my real address i never moved house nor benefits doctors work addresses all at my real address
the judge dismissed it on basis i did have proof that i recieved the letters sent at 67
can i set aside another application this time providing details of the tennets council tax proof my real address benifits doctors
letters and the letter which was sent by the claiment to my address they denied this at the hearing quote judge
;do you have the defendants address claiment repied 'no we don't have any address given to us by the defendant'
i come to know about this at in april 2014 when someone attend the property from the claiment firm asking to speck with me
i never knew anything abut this until few months back ccj was issue last year august 2013 i had given my real address to them in 2008
the first letter i had recieved and it was all denied in court at hearing

Is there a mortgage? yes mortgage and got tennets aswell i never lived there myself

why are they trying to repossessed your property for a debt? MIB are claiming RTA debt of £12.000 which never happened at all i denied it all 150% from the start obtained my details via dvla although it was my car it was involved in RTA at all its was off road its was a fraud against me i need to see proof of damage to my car witnesses police statement taken by them claiment claim this i can 150% say this is all made up i need to see the actual police statement taken from me its should have my sign on it this was all set up by the claiments firm i can't understand this MIB sclicitors they can come out with all this b**lls*t made up statements i am 150% free of all this claim

Is there a ccj against you? yes it is and the vehicle was mine and the property i never lived there i only got to know about this in april 2014 when someone attended my property tennets called me and ccj was issued 2013 august


Why are you having this matter set aside? i was never involved in any RTA and i need to defend it will not pay for something which never happened at all im will to take this to a trial if i can


You can make minimum monthly payment
Are you on benifits? yes ESA since 2010 work injury lost my job and having medical treatment at the moment
the judge was not bothered with my medical at all i will not pay anything to these falsely claiming firm

[fxg]

Re: county court judgement set aside dismissed at hearing please help

can i set aside amother application on the basis i never lived to the address were the ccj was issued i only came to know about this in april 2014 when someone attended the property i never lived there at all i only lived at my address for 34yrs whats documents i need to sent with n244 tennets agreements my benefits hospital letters old work pay slips would you please advise me on this aswell

[Celestine]

Re: county court judgement set aside dismissed at hearing please help

No, you cannot make a new set aside application, you can only appeal the current one IF you have the right grounds.

this requires professional legal advice, it is not something you could or should attempt unrepresented because detailed points of law will need to be analysed to establish if you have actual grounds for appeal......which do not include just thinking the judgment itself is wrong or unfair.

you need to speak with a litigation lawyer preferably with experience of motor claims and personal injury as I can only imagine that an injury must have been claimed if the debt is now 12k??

[fxg]

Re: county court judgement set aside dismissed at hearing please help

hi

can you please advise me

which form do i need to appeal set aside ?

why is it i can't do another application to set aside ccj ?

[righty]

Re: county court judgement set aside dismissed at hearing please help

Because your previous application has been refused. The only thing you can do is appeal that previous decision to a higher authority & for that I suggest you'll need professional advice

[stevemLS]

Re: county court judgement set aside dismissed at hearing please help

You have to have permission to appeal. You must apply for permission to the judge that heard the matter.

IF you get permission (and as I understand it most don't, particularly if they are simply disatisfied with the outcome) it then depends on the case and the judge who first heard it. If a District Judge, appeal is heard by a circuit judge, if judge at first instance is a circuit judge, appeal can be heard either by the Designated Civil Judge or a Judge of the High Court.

Expensive and difficult and I absolutely endorse the view that this is not something which should be undertaken without legal advice.

There is normally a 21 day time limit to lodge notice of appeal unless otherwise specified in the order. Courts are reluctant to grant extensions to this.