00765 v HFC

[Bailiffchaser]

ignore the bailiff letter. As you have filed a notice to set aside the judgement. also make sure that the application has been recieved.

[00765]

Thanks appropriately named, Bailiffchaser. You've set my heart back to a reasonable pace

[Bailiffchaser]

Actually what it is is that couunty court bailiffs are more restrained than their private counterparts and will not muck you about. private bailiffs will. Loads of the edited about !!!!!

 

Baliffchaser please exercise a little restraint in your choice of words.I know this is difficult and I also understand your reasons but we have to avoid these choice words.

[MARTIN3030]

I received a letter from a court bailiff this am, basically saying that i need to either provide my employment details or face prison. But i did receive a notice from the same court just before XMAS that there is to be a hearing re my request to have the CCJ Order set aside.

 

So can the court still demand for my employment details even though the issuance of the Order itself is going to be the subject of a hearing in March?

 

 

It is not a baliffs brief to comment about prison only a court can decided this.They are breaking the rules here..

[MARTIN3030]

I received a letter from a court bailiff this am, basically saying that i need to either provide my employment details or face prison. But i did receive a notice from the same court just before XMAS that there is to be a hearing re my request to have the CCJ Order set aside.

 

So can the court still demand for my employment details even though the issuance of the Order itself is going to be the subject of a hearing in March?

 

If the court requires it then you will be asked for it,if the baliff is demanding it then that is different and as to whether you are required by law to furnish this to them is questionable maybe they are asking with a view to making an attatchment to earnings.

I would simply remind them that the case is the subject of a stay of execution and as such and further action should be suspended until as and when it is as directed by the court itself.

[00765]

Hi all my court date to set aside the CCJ is next Tuesday. I'm terrified & because i've been so busy trying to sort other debts i've not really had a chance to prepare for this. Today I recieved a lstatement of costs of £235 from Restons solictors. They say that this is in connection with the upcoming case. It makes no mention of the £1,000 they added to the original claim.

 

If I lose, will i have to paythese costs in addition to the £11,000+

 

Also do i have to present to the court a statment of my financial outgoings as part of the case?

 

Win or lose,you have all been a great source of support. Thank you.

 

I'll be posting over the w/end as i cram to prepare.

[00765]

What a disastrous morning I've had at court.

I got to court at about 09:45am. My hearing was due to commence at 10:00am. Upon arrival i realised that, I was at the Magistrates court, instead of the County Court. I dashed over to the County Court. Fumbled with security at the entrance, saw that my hearing was listed as the 1st case to be heard in court room 4 and ran up to rm 4, entered the court, only to find that I was on the criminal side of the court. I now had to go back to reception in order to get correct directions. When I finally arrived at the area of the court that I was supposed to be, it was 10:15am. An extremely rude and loud lady, yelled at me repeatedly in front of at least 50 waiting defendants/claimants, 'your late & the case has been dismissed'. I was stunned. She then loudly told me to speak to a man who was sitting a few feet away from me. She did not even have the courtesy to tell me who the man was. Anyway I thought that he worked for the court, so I foolishly went over to him & he proceeded to loudly state that my case had indeed been dismissed. I now asked him who he was & he revealed that he was the solicitor for HFC.

I spoke to a county court officer, who told me that I’d have to submit another £65 with another application to set aside.

Is that fact that i was directed to the wrong court room, an arguement for the hearing to be relisted.

Can I submit another application, or is this the end of the road on this case, in terms of me trying to get the judgment set aside?

Should I be waiting for the official Notice of the case dismissal before doing anything?

[Bailiffchaser]

You should have phoned the county court to tell them you are stuck in traffic. After all this is what the major companies use as a excuse and always get away with the bloody thing !!!!!

[00765]

Your right Bailiffchaser but I'm so stressed with all the debts, that I just did not think of that.

 

Within a few hrs of getting home, I received a note from the court bailiffs entitled CONTEMPT OF COURT COMMITAL PROCESS. I'm instructed to call a bailiff tomorrow between 7:30am & 10am to avoid possible imprisonment.

 

Can I lodge a fresh application to set aside the judgment?

 

What do I do about the Bailiff?

[Bailiffchaser]

Go and see a dctorfor stress !!!! trust me !!!!

[00765]

bump bump, what do i do now re the bailiff & any possible reapplication for the request to have the CCJ setaside?

 

Please someone assist

[MARTIN3030]

You would make the application in the same way as before,but time is important.One you have done this then the Baliffs will have to await the result.Its likely they will want to see proof if they come to you so do this asap.

You have been extremely unlucky with this one.....lets hope your third attempt will get you a result.

[00765]

Thanks,

 

I shall return to court in the morning & file another application for the request for a set aside & let the bailiff know that i've made another application

[Guest Zooman]

Just supply the information the court wants to the bailiffs before a judge issues a arrest warrant for being in contempt of court, a judge will issue it and the bailiff will arrest you. On the bright side nothing can be done with the information until after the matter of the 2nd set aside appliction is dealt with.

[00765]

Hi all. Sorry i haven't been writing here in between my court appearances, but i am just running around like a headless chicken, battling with half a dozen other rouge creditcard companies.

 

I had the hearing for my set aside of the CCJ application last wk. HFC did not show up. So the judge told me to submit my defence by next wk & then she will consider my request.

 

Does anyone know how to organise a legal defence on paper?

 

Thanks

[00765]

bump, bump. Any assistance will be gratefully received. My defence is due in this Thursday

[00765]

I received a letter from the court informing me that the CCJ entered against me back in March 2007, has been set aside. However i was also sent an allocation questionaire. So I guess the whole case essentially starts again.

 

For now i am just pleased that the CCJ has been set aside

[00765]

Hey all,

 

I have now received a hearing date from the court set for October. It appears that the court has given 2 months for myself & HFC to try and reach an agreement.

 

Does anyone think its worth my while, sending a letter to hfc or thier solicitor offering to pay something per month, if only to be able to present to the court that i made some effort to reach an agreement?

[00765]

Hello all,

 

I had the court hearing re re HFC's application to get a CCJ against me. The judge told HFC that if they could not produce the agreement then he could not pass judgement but he also told me that if HFC produce the agreement then he will issue a CCJ against me and he said that the collection fee of £1,000+ could stand. The judge ajourned the hearing til Jan 08 & seemed to suggest that i should try & reach an agreement with HFC to repay their money.

 

I'm happy to pay by instalments but i want to avoid the CCJ & the collection fee.

 

Please any assitance as to how i should go forward with this.

 

Thanks