just wondering if someone could advice , i will try to keep it short my wife as been sent a county court claim for monies they say she owes they say that they have a vested interest by virtue off a sale agreement from JD Williams she does know this company she dealt with them many years ago over 7 in fact she can not recall owing any money, she as put in her acknowledgment off service in today could someone tell me the best letter to send requesting proof off some sort i am led to believe that you can request copies off contracts and things but i am unsure any help would be grateful thanks bake

thanks for your reply, i sent defence in but they got it 2 days late, yes i have asked for it to be set aside would you say that not having any documents saying ie agreeing second payment to the claimant, i do have an email saying that they agree to my payment and a proposal from my brother which i am led to believe they refused at no point have they ever said verbally or in writing that i would be expected to pay all this there is no doubt in my mind that i was miss led on this issue how do you give a defence when the claimant as been very clever in provided nothing don't no were that leads other than another 2k down i was led to believe that it was the claimant ad to proof its claim i really do thank you for any advice on this issue thanks bake

no I ad put N244 in last week as I ad received a summery judgment on the court document it said they ad received my paper work late IE defence I ad already sent they say it was 2 days late but in any event the claimant ad already applied for summery judgment I rang the courts and they confirmed this I can only assume having found out from them that my brother as sent nothing in and that's were they ad applied ,but having said that the original claim went to wrong address and I got 3 days late any way , I told the courts I must have got mixed up with my dates as I was going away on my holidays at that time and the claim was out off the blue as I ad not received any letters requesting payment before and its a bit difficult as my brother is not speaking , I have put on my N244 that I would like the courts to give me the time to submit my defence I believe the claimant as no defence as I have paid what I believe to owe and I have no written contract with them saying I would pay the other parties bill and that I have never received any formal demand's for payment before the claim was submitted ,I have also pointed out that the original claim went to the wrong address and it was 3 days before I even seen it and it was just a mistake with my dates as I was going away there was no deliberate intent as I ad filed the first document giving me 28 days if you no what I mean , what do you think its very frustrating when I have paid 2k for a bit of work cant believe it personally what do you think, thanks again bake

HI everyone just updating, I have a court date for setting aside judgment. any help on this would be grateful thanks bake

can not believe this firm, last week got a summery judgment given on me rang court they said the other side ad applied before they got my paper work looking into it closer they got this because my brother ad not submitted anything ,any way as off this morning I have submitted a n244 requesting this be set aside as I have sent paper work into court which they say they have got at a cost to me off 155 pounds it look like the dirty tricks department are at it again

fist thanks steampowered i have written to day see if i get any paper work back , i have read somewhere that if they don't follow pre -conduct the court can make them start again is that right it very annoying that they can just say you owe money with no legal documents in place saying that i would pay all thanks bake

first thanks for your reply's, first thing I got from claimant was court papers no letter before claim I have no engagement letter my brother as which clearly says in is name thank you for engaging me ,I except I was there but I clearly said at the meeting I would only pay for work done for me which was clear cut ,I do have a letter that I got from my brother which says I except your brothers proposal ie me for is payment and I await your proposal I can say that this claimant as never written to me at any time before they made this claim I have never sighed any documents saying I would pay all monies ,reference the case pria it was both of us but mine was clear cut done in 5 mins in court I feel that I wasn't informed properly on this all correspondence as been with my brother surly this cant be wright thanks again

thanks ad no reply as yet thanks again bake

just wondering if someone could advice, last year my brother engaged a solicitor reference a case which the claim was in both names prior I had defended my self thoughout and won my case my brother lost I got a letter some time later that they were going for unreasonable cost order , at this point my brother engaged a solicitor I went to the meeting with him when at this meeting the solicitor said my case was pretty clear cut and would deal with it at same time as I had a defence in the first case so it was not unreasonable for me to defend , the nuts of this at the meeting I said that I would pay my bill for any work that he done a few months down the line I get county court papers for all the bill when I had paid 50% this company had never written to me demanding any monies , I do have an email which I got last week from my brother were the claimant excepted my 50% and a proposal from him but he lost his job the frustrating thing is I never signed any documents saying I would pay all the bill I can not see why I should pay when my brother engaged them this company have never written at any time to date any advice on this I would be grateful I agree that any body does work should be paid but this is out of order at no time did they tell me verbally or in writing that I would be responsible for all monies due

i see wot you mean, i think its just trying to get more money , the judgement as been paid in full as written on the court order do you think it would be thrown out thanks bake

thanks, from wot i have seen on particulars of claim they were asking for contractual or statutory,at the final hearing they were given 7 days to put there paperwork in which they did on the order i got back it said on Reading the claimants paperwork for interest the court orders that £600.00 be added to the judgement dept, its at this point a week later they submitted this n244 saying that the court could not disallow contractual interest ,and all this about unreasonable Beauvoer, don't no if i am right i read somewhere that they would need to bring a fresh claim ,wot does estople mean, do you thing they would get anywhere with this given i have paid the order of the court,thanks again bak

thanks for your reply, when I went to trial I lost and the order was to pay the claimant 3k plus 600 pounds interest statuary , a few weeks later they put a n244 for anamendment of the order for contractual interest, and there cost of 17k for unreasonable behavior which is due to be on the 23rd may ,then they sent a stat demand for the 3k which was paid ,the only reason they were paid a few weeks later is because they ad put there amendment in , on looking at this they didn’t agree with that order I was never unreasonable in thismatter , surly by sending me this stat demand for the 3k was saying they now agree with the order , surly this n244 would not count now as I have paid the court order in full, thanks again any help would be grateful don’t know what they are playing at , do they need to bring a fresh claim for intrest contractual, bake

I willtry to keep this short, I ad signed a guaranteeing payment forsomeone , on loosing the smallclaim for 3k , this payment was done 3weeks ago as they sent me a stat demand , but the thing that is confusing, they ad put a n244for a amendment of that order but yetmade me pay this order , there amendment is for contractual interest this was never brought up in the court room , they are also putting in for cost for unreasonable for 17k on this n244 surly this is over when you have made payment of that order, I was a litigant in person am I rightthat if they wish to claim contractual interest they need to make anew claim as ,on the order it says on considering the claimant's for contractual interest the court gave 600 pounds statuary interest only , don’t know if I am right but they did not like theorder but put in a n244 to change but yet sent me a stat demand surlyby doing this they have excepted the original order the court made , if anyonecan help on this I would be grateful,bake

thanks, it was only me that was made B/R, thanks bake

thanks for your reply, yes it was just me but i am led to believ that why they put in both names, if you were both B/R then i think it would go into br, i am sure thats whot the o/r seid,thanks bake

sorry for late reply, i did tell O/R but its in wifes name to the main thing is they say that they wont £160.00 per month this i could not do .i did explain that to them, but saying you can only pay over 3 years i did tell them about the B/R but i dont think they were that botherd ,i did say i would pay more if i could as i told them that i ad no choice in the BR as i was under a court order to pay my eqirty of 24k to O/R as you no there is only so many eggs in the baskit i was keeping my home was the main thing it just seems to me that if you have your own home there is no help and you are on your own i have got to admit that some times i do feel like letting them have it and joining the rest as this last 6 years as been a joke on the amount of monny that i have paid out ,sorry just ranting i no there is more than me out there ,i did tell them that i could only give £60.00 per month , were do you think i stand if they say no ,thanks again bake

I would like some advice regardingoutstanding council tax for 5k, I will try to keep this short as I have over the last few years been thru some very bad times I rang the council office yesterday ,as collection by bailiffs ad failed , I went into great length as to why I ad not paid and told them how all this ad come about due to bankruptcy and mortgage problems and I was under courtorders and only ad so much money, to which I have now paid up, and this now gives me a chance to get this sorted ,I told them I can pay my currant year and £60 pounds per month and a review in 6 moths if they wish , and also I wouldpay more off if I could as I am self employed , i did this in my bankruptcy by consent of the court and kept to it and also my mortgage company ,I told them the reason for this was to keep my home i was a bit dismayed with there reply they said they would only except £160 pounds per month , I then asked if they would send me a income expenditure sheet so I can fill in andsend back ,which they are doing,off course the fret of bankruptcy was said and prison , I said there is no need for that I am willing to pay all outstanding amounts ,and would pay more if I could , they said that with this amount they could only except paymentover 3 years is this correct , any advice on this would be gratefull, thanks bake,

can anyone tell me what the lawsare on requesting payment under a garrente that I was for someone ,taking into account when I sighed thiscontract they were no monies outstanding, I did not no for 18 months they ad notpaid invoices they should have surly I should have been advised sooner byletter or default notice which I have had none ,its been in court last week judgeas gone to look into the law as to what they should have done before thereclaim on me if any body can enlighten me I would be grateful ,thanks bake

update, I was in court 3 weeks ago but they run out of timewaiting for a fresh date for earing ,any way at the last earing they did bringwith them a Para legal to try andjustify why they ad the fee earner as him on the leger and not the person that did the work , is comments werethat when he takes charge for collecting he puts his name on , I then said why do you remove the persons name that did the work I got no reel reply to this , but he as notdone this with any other documents , the thing that I would like to find outcan this be done on a client leger as I have read the sra rules and it say that no adding or removing should take place , there is something clearly not rightwith this they even did not produce awitness statement from the person that the invoice was representing only a timeline which I do not believe, the thing Iwould like some advice on can they just go into a client leger and change things because I believe the Para legal did the workand they are trying to charge me top rate, any help would be grateful,bake

hi, update from last post, as of Friday i got some paperwork from claimant admitting that there invoices were wrong by £1500.00 and other paperwork in there defence, given the trial is on Tuesday this week can they put this into court or would they have to ask the court , i have been asking and telling them they have overcharged along they have ad me in court for summery judgement were i did bring this up they gave nothing then they gave nothing in the pre trial they now are asking me to give in and except this , can i ask the court to dismiss and them to resubmit there claim if i am right there claim from outset was not right , also reference contract they are now saying that paragraph 10.3 that is not in there terms dose mean something but not relevant anyway and i would loos any argument on this , am i right in saying that any paperwork now they would like to submit to the court given the fact this should have been given last month on the courts orders any help would be grateful .

just update, as of today the claiment as desided not to continue with there n244, but have gave me a copy of there skeliten argument ,they are now saying that 10.3 is not there but telling me whot should be there , allso as regard to leger they are saying that fee errna they did not charg and that the invoice is correct ,but are saying again you have all legers ,if this be the case there is no legers reference this invoice not good if they cant praduce ,bake

thanks for that I don’t know what they are playing at other than mined games, I will be there its not that complex other than they are not accounting for monies paid to them on there own legers and bank statements that I have got and over charging I think there accounting is bad and can not understand why they are continuing with this case other than trying to make a bit more money if I could afford a descent solicitor I think they would eat them alive with this , thanks for your input,bake

Hi thanks again, the more i look into this the more messy it is, on looking at there invoices and interest rate to date example one invoice darted 15th January 2010 but charging interest for late payment from October 2009 on there claim at 2.5% , also the n244 they have submitted i have received for the 5 September they are asking for fast track now, but at the last earring they were told that there amounts ad not been prov en yet, as it stands at present £5567.00 but this is with interest on which as not been determined yet , i did look at the court procedure on determining the how , if the claim is less than 5k then that would be a small claim and the courts do not include interest in determine this this would make there claim about 3.5k, i am confused as to what they are playing at unless you no different other than trying to bog me down in paper work which seems to be the case ,your input is grateful. regards bake

thanks again , i agree to a point but there contract clearly says we will notify in 28 days of any invoices be due which to me if i have signed the contract on there terms they should have done this, that surly is a breach on there part , allso there is the issue with the leger which clearly as the fee erner on 120 per hour , but the copy invoices i have show 250 per hour , some of my point on this if i ad been told at the outset we may not begoing down this root i do think there is over billing here on there part there is allso £1000.00 that is showing payed on leger but not took of invoices i am trying to show the court as and when that there claim from the start given into court as got incorrect figs on there claim form from day 1 which again i would asume that the court should make them resubmit there claim unless the court can do this for them ,your input on this would be grateful

sorry for late reply, and thanks for info , i have got 3 copies of doc with 10.3 missing of all , allso yesterday they have submited a n244 trying to get to fast track, there claim is for to diferent amounts none which as been desided by the courts yet but ,but they are trying to do is put the 2 amounts together thus takeing over the 5k limit with intrest included but if i am right they can not include intrest yet as this as not been agreed by the courts and it as not been proven yet as to the amounts they are claiming , allso do you think that 10.4 is a good defence as they did not tell me for 18months down the line surly this is a breach on there part, i have at present got there acounts that show on there leger amounts paid to them but not been took of invoices , and allso noting the fee erner but diferent on the invoices which to me looks like over charging , your input on this would be grateful, sorry yes it was me that signed the contract