wrong debt = High court Enforcement - I want to dispute the whole lot

[ploddertom]

See Post 12 for hints on what to put in each section.

[matrixsteele]

Good Morning,

After submitting the N244 i received today a "Notice of transfer of proceedings" (Attached)

I have also sent SAR to:

Childcare company: Request approved - deadline passed - nothing received
Childcare solicitors: Request approved - sent over complete documents (proving that they chased at the old address)
High Court Bailiffs: Request approved - sent over their documents, however, the writ states that they can only enforce at my old address, this might be why they refused to show the writ to us when they showed up at the property; also as i put a complaint in about how they were and they didnt show us the writ, the body camera footage "has disappeared" and they will send it if they find it.

What is the next steps?
will there be a hearing to set aside?
will there be a second hearing to defend the claim?
if the court set aside the judgement how will i get the money and fees back?

I have gone through absolutely everything, and I believe that we do not have a contract with the childcare company ( that's why they wont send it) I have recovered all my old emails and from a member of staff that has now left, they confirmed that there was errors on our account (wrong charges and missing payments) due to this we withdrew our child but they billed us in advance and that is what they took to court. I'm hoping with all this its enough for it to get struck out, however the whole situation has caused so many issues, its brought so much stress which has snowballed, I don't think the HCEOs acted in accordance with law or code, and without a legal contract with the childcare company can i counterclaim? our car broke down and as we didn't have the money we have needed to use credit cards, i just feel massively out of pocket and lost a lot of time trying to sort this out.

Thanks again for all your help

[ploddertom]

What is the next steps?
will there be a hearing to set aside- Possibly, depends on what the Claimant thinks of what you have submitted + they will need to travel or get representation.
will there be a second hearing to defend the claim? Possibly, sometimes they can be dealt with at the Set Aside Hearing
if the court set aside the judgement how will i get the money and fees back? Once the paperwork gets through the system it should just be a case of asking, don't forget to ask at the Hearing for your costs of the day - application costs, travel costs, loss of earnings etc.

[pt2537]

If the Claimant served on an address that it knew whats your last known place of residence then the proceedings havent been served on you and the CCJ Must be set aside as of right, as the Court cannot enter judgment in these circumstances.

It seems you have both CPR 13.2 and 13.3 satisfied here

Has the Claimant been invited to consent to the judgment being set aside? and have they conceded they used the wrong address?

[matrixsteele]

What is the next steps?
will there be a hearing to set aside- Possibly, depends on what the Claimant thinks of what you have submitted + they will need to travel or get representation.
will there be a second hearing to defend the claim? Possibly, sometimes they can be dealt with at the Set Aside Hearing
if the court set aside the judgement how will i get the money and fees back? Once the paperwork gets through the system it should just be a case of asking, don't forget to ask at the Hearing for your costs of the day - application costs, travel costs, loss of earnings etc.

Hi i have provided everything in the whole thread including letters sent
Can you have aa quick read and let me know

[matrixsteele]

So the hearing is this Wednesday, wish me luck.

I have made another thread after going through everything, i feel i have never had any legal obligation to pay them, any help on that post will be great:

https://legalbeagles.info/forums/for...al-is-this-one