notice to set aside

[charitynjw]

Also

[Linz]

Hi Beagles,

sorry me again!!!

I have spoken to the collection agency today and they have offered to represent me for quite a large fee so I think I’m going to have to try to do this on my own. Even if the judge was to award costs I’m not confident I will be able to get them back.

There is nothing in the notice from court requesting a witness statement opposing the set aside. I have read online that I should draft one and send it to the court and the defendant 14 days before the hearing, should I send this to the court where the hearing is taking place? Or should I send it to money claims online?

Do I put forward just the reasons I oppose the set aside or should I also add the reasons his defence is flawed and put my evidence forward as if this was the small claims hearing?

Would it be worth asking for costs or will this be seen as unreasonable? I will have to take time off work, travel and pay for childcare so there will be some costs involved but again reading online people advise that a judge rarely award costs.

Many thanks for your support and patience

Linz

[jaguarsuk]

I have spoken to the collection agency today and they have offered to represent me for quite a large fee so I think I’m going to have to try to do this on my own.

Do you have home insurance and if so, does it have any legal cover?

Do I put forward just the reasons I oppose the set aside or should I also add the reasons his defence is flawed and put my evidence forward as if this was the small claims hearing?

See post #29.

Would it be worth asking for costs or will this be seen as unreasonable? I will have to take time off work, travel and pay for childcare so there will be some costs involved but again reading online people advise that a judge rarely award costs.

Prepare a schedule of costs, serve the court and defendant no later than 24 hours prior to the hearing. If he loses you ask for wasted costs and costs due to his unreasonable conduct in the claim pursuant to CPR 27.14.

You can only claim if it's unpaid time off work, get a letter from your employer. Receipt for travel and quote from childcare for the day.

[Linz]

Hi Jaguarsuk,

I do have home insurance but just a basic legal protection. They will only answer questions over the phone.

[jaguarsuk]

Hi Jaguarsuk,

I do have home insurance but just a basic legal protection. They will only answer questions over the phone.

Okay, it's always worth checking as if it was full then you could have let them handle it for you.

Well, you'll just need to get on as per post #29

[Linz]

Thank you I have started to draft something together. You begin to wonder if it’s worth all the hassle and time. I can’t understand why it’s so easy to set aside something when you’ve clearly not played by the rules.

[Linz]

Thank you I have started to draft something together. You begin to wonder if it’s worth all the hassle and time. I can’t understand why it’s so easy to set aside something when you’ve clearly not played by the rules.

[charitynjw]

jaguarsuk

Morning
As an aside, have you ever known if any of these 'add-on' legal expenses covers (ie household ins, vehicle ins) are worth anything?
I have tried using them from time to time on issues which seem to have reasonable prospects, but they have refused to deal with them. (Usually, panel says "no"!)
I get that they don't want to waste time & money on lost causes, but if the case was 100% definite win, who needs them?

[jaguarsuk]

jaguarsuk

Morning
As an aside, have you ever known if any of these 'add-on' legal expenses covers (ie household ins, vehicle ins) are worth anything?
I have tried using them from time to time on issues which seem to have reasonable prospects, but they have refused to deal with them. (Usually, panel says "no"!)
I get that they don't want to waste time & money on lost causes, but if the case was 100% definite win, who needs them?

Insurers aren't in the business of spending money, so I'm always sceptical of anything like his being added on. I'd say they are a good starting point for some free advice, but once you have heard what they have to say you're really better off either handling it yourself (if capable) or engaging a solicitor.

[Linz]

Hi it’s me again! Sorry different problem now! I have called the enforcement agency today to get copies of the documents that they have sent to the defendant, they tried to advise me to pay for their legal help again. I have told them as it seems fairly straightforward I will probably go to the hearing myself. They advised that if the defendant wins the set aside that I am responsible for the enforcement costs is this correct? If I loose will this end up costing me more with the prospect of then having to go back to square one? I wasn’t overly worried about the hearing as even if he wins and sets this aside I am more than confident I will win in the small claims court, but now with the chance that the costs of enforcement will be charged back to me I’m thinking maybe I should get a solicitor?

[jaguarsuk]

Hi it’s me again! Sorry different problem now! I have called the enforcement agency today to get copies of the documents that they have sent to the defendant, they tried to advise me to pay for their legal help again. I have told them as it seems fairly straightforward I will probably go to the hearing myself. They advised that if the defendant wins the set aside that I am responsible for the enforcement costs is this correct? If I loose will this end up costing me more with the prospect of then having to go back to square one? I wasn’t overly worried about the hearing as even if he wins and sets this aside I am more than confident I will win in the small claims court, but now with the chance that the costs of enforcement will be charged back to me I’m thinking maybe I should get a solicitor?

If the defendant is successful you would be liable for a compliance fee of £75 plus VAT, but that is all.

Why if they are offering to represent you would you want to spend additional cost on a Solicitor? When they say they will represent they mean send a legal counsel not an enforcement agent to court.

It's your claim and you need to do what is best for you.

[Linz]

Ok thanks £75 plus vat is not too bad then. Sorry that’s what I meant, I meant should I pay for their solicitor.

[jaguarsuk]

Ok thanks £75 plus vat is not too bad then. Sorry that’s what I meant, I meant should I pay for their solicitor.

No, if they are offering to represent you and add it as their costs to the judgement that's different, but if you have to pay for their solicitor if you lose then do it yourself.

You say you're confident even if he gets a set aside you will win the claim anyway, so if you are confident enough to handle it yourself why risk a cost.

[Linz]

So after all of that the defendant did not turn up to court, his application was struck out, and he’s changed his company name and put a huge steel door on the front of his unit!

let’s hope he still has something worth seizing inside and he’s not sold / moved all of his assets!

If enforcement does fail has any got any experience of a third party debtor order?

Many Thanks

Linz

[Amethyst]

So he was stalling for time then ... grrrr

Check companies house whether he's dissolved the company or just changed names - he may, if he's set up a new Phoenix company, be transferring the assets over. I'm not sure if your judgment is against the company or him personally though ? Can the HCEO try his home address again if it was against him as a person ?