*** DISMISSED *** Small claims for stabling fees

[Stopbox]

Hi, I’m new to the forum and need some help.

I’m being taken to small claims court by a private individual claiming I owe her money for stabling my horses at her farm.

I’ve received several letters from her solicitor which contradict themselves, none of which state they are a letter before claim or final letter, also in her solicitor letters she has made up fabrications that we had a meeting at her house in December (I was never there), she also harassed me at my place of work saying that she had my managers permission to be there and in fact my boss stopped any colleague who tried to help me and get her out, but during the harassment she threatened me and my horses and wouldn’t leave until I wrote on a piece of paper that I owed £3,800 (there’s no date and it doesn’t state who I owe it to).

Also in her particulars of claim, she has made up lies, including that I’ve made a false allegation of harassment.

Every payment was in cash and not always signed for, especially this past year and I never received a receipt, in July she agreed to reduce the payments from 4 (at a rate of £25 per horse per week -£100 per week) horses down to 2 (which works out to £50 per week) as I only had 2 left.

She told me she never made this agreement and that I need to pay for the 4 horses!? Which I refused to do as I only have 2.

As far as I’m concerned I don’t owe her any money, in fact I was paid up until the end of January 2018 which means she owes me £200 or Just over. There is no signed contract, but there was a payment schedule that I created so that we could both sign, however she never ever signed my copy. And I haven’t produced one for 2 years.

I have today sent out in my acknowledgement of service, so that I get 28 days to put my defence in and I’m intending to counterclaim for overpayment of livery fees. But I just need some help in how to do the defence and counterclaim.

[GBExile]

Now you can involve the police & get a non molestation order as previously stated by me,

After all the court has just told you to get an injunction. Be forceful & do not be palmed off. The court told you to do it..

[ploddertom]

deleted

[Amethyst]

Yip well out of time ( it's 21 days from Judgment to appeal ). If he wants details of the hearing/judgment he'd really want to apply for a transcript if there's one available, before he even thinks about applying for permission to appeal out of time.

Personally I'd not worry. Any solicitor she asked to look at the case, if they needed any info from court, would have to go on the record - and it is a requirement they inform you that they have done so. It doesn't necessarily mean he's going to do anything, and may just have been fed a pile of poop so is trying to obtain the facts of the case before advising her.


Keep us updated

[Stopbox]

Does a ‘after hearing matter’ mean it’s something between the claimant and her solicitor or has something happened at court?

[ploddertom]

Having had a quick look around it seems as if it is just a small practice (2 solicitors) and get the impression this is not their usual style of work - but if someone is prepared to pay then don't blame for taking it on no doubt hoping one letter will effect the desired result.

[jaguarsuk]

Yes, I think you need to apply to the court for an injunction under the protection from harassment act 1997 s.3A

Then should she breach the injunction you could further apply for a warrant of arrest under section 3 (3). Grounds for arrest would be under section 3 (6)

[Stopbox]

The claim number is exactly the same as the original claim. I’ve just rang the call centre to find out what’s going on, apparently the solicitor is now acting on her behalf and has written to the court to find out why the judge came to that decision (for what reasons).

The court have replied that that as it’s a judicial hearing they cannot give him any answers.

the courts have also said that the claimant has gone outside the appeal duration now. Although they can ask for special permission but this will be unlikely as the claimant had no decent evidence.

the lady from the court said maybe I shoul now get the police involved and get an injunction

[Amethyst]

Just a notice to say she's now got herself legal representation to deal with the case.

Is the reference the claim number ? Not sure what 'post-hearing matter' it is regarding though. An appeal? Were any costs ordered?

[Stopbox]

I have left things alone and so far have had no further contact from the lady. However, today I’ve just received this through the door from her solicitor, does anybody know what it could be?

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[jaguarsuk]

Sounds like Old Bill trying to fob you off because they know it’s a civil matter and/or they’re under manned/over worked.

Contact them again and tell them all that has gone on, that you would like them to issue a warning and why?

If they won’t respond then you send her a cease and desist letter confirming you regard her behaviour as using a 3rd party to contact you about a none existent debt as harassment contrary to the Protection from Harassment Act 1997 and that should she continue you may contact the Police to deal with it as criminal matter and/or without further reference to her initiate proceedings in the county court.

[GBExile]

GBExile

That is simply NOT & I mean NOT true.

Part of the standard PIN notices the Police issue states involving a 3rd Party could be an offence as well.

The OP needs to contact the Police again & needs to be more forceful.

A PIN notice is a notice saying that you (the OP) regards the matter as harrassment (it does not state that the police regard it as harrassment). It states that if the unwanted contact continues the police will then investigate.

The police cannot & should not refuse to issue a PIN to the other party based on the facts.

[ploddertom]

I've been doing a little digging on Cobra and would suggest they are just purely bully boys and nothing else despite all their bluster. Looking at Google produces this https://cobrafinancial.co.uk/news/ on this page from the Liverpool Echo is a photograph of a van. I cannot see exactly what it says but it does seem to promote their debt collecting activities which I believe is totally unlawful.

As for Bailiff Services they do not appear to have their own but possibly may use those that are self employed or sub-contract to an outside firm. They do have problems with this though as CCJs need to be in place first and CCA Regulated Debts can only be collected by the County Court Bailiff who is a salaried employee of HMCTS. The CCB also deals with any ordinary CCJ below £600

Other debt CCJs (above £600) would need to be transferred to the High Court for enforcement for the attendance of a High Court Enforcement Agent and as they are not authorised they will possibly be buying in services from the usual Rent-a-HCEO mob - DCBL, Frank Whitworth or Millbank. In any case the notice they have posted is highly suspect and should be forwarded to CIVEA, MOJ & HCEOA as soon as. Only proscribed notices may be used for enforcement purposes.

The fault with all this no doubt lies with the original Claimant who appears to be using pre Set Aside documentation to force this through and actually wonder if they are leaving themselves open to Contempt of Court proceedings. Cobra in turn have not checked anything out and are just proceeding willy nilly and leave themselves open to claims for harrasment or worse.

[Amethyst]

i have just spoken to the police, they have said that as she has not contacted me herself she has not committed a crime, and that all I can do is show the letter to the debt collection agency to prove that it the claim was dismissed.

GBExile

[GBExile]

You can include it, ask them to send you all information they hold about you up to today's date and confirm it will all be removed with immediate effect.

Forget about the ifs & whats.

You won in court so report her for harassment for further threatening behaviour for informing a 3rd party to harass you further.

Ask the police to issue with a PIN (Police Information Notice).

Do her behaviour over & do not think twice about it.