Setting aside a N322

[Happi4U]

Hi everyone, I am new to the forum and would be grateful for some advice and guidance.

I recently recieved a N322 application for further enforcement/charging order.

This is a result of a liabilty order obtained in the magistrates.

As a background, I contested the sums allegedly owed becuase they were incorrectly assessed. The creditor has failed to provide a full audit or breakdown or even any evdicence of how they have accounted these so called arrears.

Can someone with more wisdom than me kindly put me in the right direction as to have the matter set aside and or request for evidence.

I have not refused to pay any monies owed subject to proof, which I have not recieved.

It appears that there is an abuse of administrive powers (very confusing for a lay person) and procedures which it would appear may lead to a charging order to property.

Can I submit a n244 to set aside based on the grounds that no evidence or proof of sums have been provided.

Can I request evidence or call a witness?

I have not recieved any statement of claim for which I can offer defence... Is this right?

Any help with be much appreciated.

[Happi4U]

Any help or advice would be greatly appreciated.

Would it be sufficient to highlight and attach correspondence sent to creditor requesting proof of sums owed?

For the matter to then go to trial/hearing?

[Amethyst]

Council tax or something else?

[Happi4U]

Hi Amethyst,

Something else.

[Happi4U]

On the N244 application I have written:

3. To set aside order because the matter is in dispute and the applicant has failed to provide proof of claim and evidence of sums owed, for settlement by the respondent. Furthermore, the respondent has engaged representation to mediate and negotiate in order to allow the parties to resolve their differences.


10. (evidence set out in box below)
1) That the order entered ........2019 be set aside for the reasons that the respondent did not receive any written proof of claim or evidence of alleged sums owed.

1.1) The respondent has sent numerous correspondence to the applicant and via their MP requesting proof and evidence of sums owed for settlement.

1.2) Example correspondence dated ....................... and ................. attached.

2) The respondent has engaged representation to mediate and negotiate the matter on their behalf with the applicant in order to resolve this matter. Letter of authority attached.

2.1) the respondents representation has made contact with the applicant to instigate negotiations, and ha requested that enforcement action is ceased until a proper determination is made.

3) If required, the respondent be allowed to file a defence to the proceedings.


END. The more I read about how and what should be submitted the more confused I get.

[Happi4U]

Any assistance or guidance would be much appreciated. I will be submitting today.

[Amethyst]

Were you aware of and had opportunity to defend / make representations re the original case ? It doesn't sound like the n322 has come out of the blue so really would what's happened to get to this point to know if this is something appropriate to set aside ( do you have the original order?)

[Happi4U]

Thanks for the reply Amethyst,

The order was made without me being able to offer evidence and or without the applicant requiring to provide any evidence or proof as to the claim and debt. (surreal, not a pleasant experience at all).

It is a unnecessarily complex affair, in summary maladministration from the applicant (which I can prove - telephone calls from SAR) incorrect data was applied which resulted in an inflated sums where the correct was available - which was paid under protest, subject to them getting their case in order.

(I am actually owed money in this respect)

Payments were made, the applicants account was in order - I ceased employment due to ill health and subsequently was not required to continue payment.

Several months later - the applicant began to send demands for payment.

All protests from my end ignored.

I did request an audit of their account to demonstrate workings out etc, none provided. I sent evidence to prove my status - although the applicant was already made aware and have at their disposal means to find out.

It has been a very stressful, the approach adopted very carnivorous with disregard for their own processes.

As it stands I have representation that is trying to address arrears and issues pertaining to the LO. Many of my calls and letters and emails have either been ignored or pertinent points disregarded (including someone laugh at me down the phone when I was distressed - I actually got an apology for this, the applicant selectively listened back to this call).

Out of the blue the N322 arrived.

My primary concern is the prospect of distress being levied on my family home.

Hope this offers further clarity?

[Happi4U]

Any thoughts?