Can any one tell me what this means?

[pauline 123]

I don't understand this legal jargon, can anyone explain it for me

Many thanks .

[Amethyst]

Re: Can any one tell me what this means?

Hi Pauline,

It may be of help to know what application you made to the court on 7th Feb, presumably to set aside a judgment against you?

The Judge has considered your application without a hearing and refused to make the orders requested, ie not set aside the judgment.

This is because you attended the hearing and judgment was mae, therefore to overturn it would require an appeal rather than a set aside application.

Then it gets a bit complicated as it states set aside a default judgment, and writing to the court with reasons for set aside, so think we really do need to know what application you made to the court and the run up to this letter, what judgments and applications have already been made...and so on.

I'll take down the document and take your name and details off of it for you and put it back on for your privacy.

Sharon
xx

[Amethyst]

Re: Can any one tell me what this means?

Okay found your thread on CAG, you've been dealing with this a fair while.

You have judgment against you for £800 odd and the claimant has attempted enforcement by bailiffs.

The original debt was for some products you signed the order for on behalf of the company worked for in your capacity as manager. The salesrep entered your details as Pauline XXXXX t/a WORKPLACE NAME

You were never t/a and were simply an employee of the company.

You left work sick and the company didn't ever pay the bill. They ended up chasing you at the work address and the company had stopped trading. Somehow they entered a court claim against you and obtained a charging order against your property.

You had a heap of personal stuff going on at the time and this understandably got deprioritised.

I'll try work through the thread tomorrow - this has been going on for 6? years now and you don't seem to have got very much further forwards so need some decent advice to put an end to this situation.

If you can put the latest application made to the court on 7th Feb up or link me to it on CAG that would be helpful.

[pauline 123]

Re: Can any one tell me what this means?

Hello Amethyst, I would just like to say thank you.

3rd Feb 2014 - Notice of Visit by Bailiffs, Hand delivered to my home,My son answered as I was at work.
I rang the bailiff to see what was going on as - they already had a Charging order on my Home.
I told her I had no intensions of paying her as this was not my debt. She said she would post out an application to set aside the following day, to gather all my evidence together and send it in. Sounded simple to me, Except I only had a couple of Days.

I filled in n244, sent along with a letter, and all the docs listed in the, letter, my brother took to court as I was working, they would not accept my application as i did not do 3 copies (I didnt know i Had to). the court said they would make a note that I had tried to hand this in.

Received a letter dated, dated 17th Feb, to date they have not received my Set a Side.... So rang bailiff again told her what had happened, explained no legal help or even knowledge, and was costing quite a bit for photocopying, which was an extra cost I didnt need at the moment. She told me I had to the 19th Feb to hand in, which I did. will attach the docs for you.

then on the 4th of march my brother rang me to say i had got a letter from the court at his address - The first Document I posted to you earlier.

The N244 I sent in was Dated 7th feb 2014.
up to now - I have heard nothing else now, and really to me set a side, or appeal what Ive sent is the same thing isnt it?
The set A side held in Feb 2010, was dismissed, But the judge would not let me show all my docs to the court and really didnt let me speak either, Just dis-missed it saying I did not act promptly enough, didnt realize it would be this hard - as every one seems to miss the main point - I was An employee, and not the owner, and should not be liable?

Thanks again for your time - when your told time after time " there's nothing you can do" or it would be cheaper to pay the debt that pay solicitors" as i cant get legal aid and have no money for solicitors fee's, you begin to think, there is nothing I Can do?.

[Amethyst]

Re: Can any one tell me what this means?

Thanks for that Pauline.

Do you still have a copy of the ORIGINAL judgment order ?

If the charging order was granted as back up to an installment order that you have failed on that will be why you are back at bailiff enforcement.

Thanks

Sharon

[pauline 123]

Re: Can any one tell me what this means?

you mean from way back in 2007? I hope Im uploading the right ones - everything mixed up sorry

[wales01man]

Re: Can any one tell me what this means?

The claim is for --- T/as a company but they were only an employees how did this proceed?

[Amethyst]

Re: Can any one tell me what this means?

Unfortunately the OP had an awful lot going on in their life at the time this all blew up and it wasn't dealt with, understandably. The sticking point is the signed credit agreement with PHS with the OPs home address in contact details and details entered by the sales rep as OP NAME t/a COMPANY despite putting under her signature that her position was ' Manager'.

It has seemingly gone too far, theres a charging order over the OPS home and enforcement of the CCJ amount is imminent.

The company the debt should have belonged to was it appears a Partnership rather than a LTd Company, and have long since gone down the pan.


The original default judgment was http://www.legalbeagles.info/forums/...9&d=1394107390 a forthwith order.

Do you have anything following the original set aside application/hearing with regards permission to apply for the charging order etc ?

[pauline 123]

Re: Can any one tell me what this means?

I really dont Know?

[pauline 123]

Re: Can any one tell me what this means?

Unfortunately the OP had an awful lot going on in their life at the time this all blew up and it wasn't dealt with, understandably. The sticking point is the signed credit agreement with PHS with the OPs home address in contact details and details entered by the sales rep as OP NAME t/a COMPANY despite putting under her signature that her position was ' Manager'.

It has seemingly gone too far, theres a charging order over the OPS home and enforcement of the CCJ amount is imminent.

The company the debt should have belonged to was it appears a Partnership rather than a LTd Company, and have long since gone down the pan.


The original default judgment was http://www.legalbeagles.info/forums/...9&d=1394107390 a forthwith order.

Do you have anything following the original set aside application/hearing with regards permission to apply for the charging order etc ?

do you still need this or is it in the folder Im sharing?

[Amethyst]

Re: Can any one tell me what this means?

Its all in the folder thankyou.

[Amethyst]

Re: Can any one tell me what this means?

Have emailed you Pauline on a slightly off topic subject xx

[Amethyst]

Re: Can any one tell me what this means?

Okay.

Legal wise the bailiffs are acting off the back of the CCJ, which is correct. You have been judged, rightly or wrongly, by the courts as owing the money to PHS. Therefore PHS have a CCJ, have been allowed to obtain a charging order on your home, and are entitled to send bailiffs to collect the debt (and basically it would be a sale order otherwise).

As much as it goes against your principles and as much as you hate it, you do need to get in touch with PHS and make an arrangement to pay the debt - I'll help you with a letter so you aren't accepting responsibility for the debt but understand the courts judgment means they are entitled to collect etc. You don't have lots of spare money sloshing about (who does!) so we'll have to make an offer to pay that is manageable for you (£20 a month or something - we'd probably have to back it up with an income/expenditure form) and acceptable to them so they call off the bailiffs and your house is safe from attempts at sale orders and your property is safe from the bailiffs.

You need to stop the immense stress involved with dealing with this, and stop the costs increasing any further, and it isn't giving in, it's changing tac. We'll make efforts in the background as we discussed and try and make sure no one else ever ends up in this kind of position, with a debt that is just not theirs because their boss asked them to deal with a sales rep.

[wales01man]

Re: Can any one tell me what this means?

Think your suggesting the best course of action this has gone on for so long the OP must be so stressed sometimes in life things happen that you never expect problem is seems no easy way out here.
Best of luck to OP in sorting this

[pauline 123]

Re: Can any one tell me what this means?

Wow, Gone from being on a high yesterday, to feeling so low today, This has and is caused me so much misery, anger, resentment, feeling down a lot of the time.
I know what your saying is Right, I Just cant believe, that a Judge won't put this mess right?.

Ive Come to Except that Even though I work hard, Ill probably never go on holiday, or drive a new car,Just about manage to pay the bills in fact, (and I know there is lots of people out there who Are Far worse off than me). Now I can except that, But Really struggling on for some one else's bills, really makes me angry, I hate paying mine - never mind anyone else's, But if its really true that I cannot take this any further with the legal route, Then I have no choice, As I have nothing of value for the bailiffs to take, and wouldn't want any of my sons things being taken.

Even though we would wright to PHS saying I do Not accept Liability- when your giving them money, It just makes it feel like I would be accepting it.

Moan over, lets hope I get some where via the other route x

And Thanks Everyone, once again!