Hunts motors Bedford - Faulty Car cambelt failed - i won by default/sent HCEO's - they paid in full - now set aside as court errored - new Hearing

[Andyorch]

Did you request a forthwith payment ?

[Doingmybest]

Hi Andy, yes I request "immediate" payment.

[dx100uk]

you dont need a form just contact an HCEO firm

they'll get the info .

 

dx

 

[Andyorch]

I would wait until you have your notice of judgment which will confirm the final amount including section 69 interest. Your claim costs are already included in the final judgment amount. Also you need to deal with the change of address issue before instructing HCEO.

 

Andy 

[Andyorch]

Form for HCEO N293a

 

https://www.gov.uk/government/publications/form-n293a-combined-certificate-of-judgment-and-request-for-writ-of-fieri-facias-or-writ-of-possession

 

[Doingmybest]

thanks both. I'll wait until I get the form. I've waited this long and anyway, it'll give them time to see mid they'll pay but I won't hold my breath.

 

@Andyorch, how do I deal with the change of address issue? I was thinking that I just put the new address on the HCEO forms. Is it not that simple?

[Andyorch]

Yes you can but I would inform the court also so that they can amend the defendant details then you have it on record for the as the judgment debtor COA

[Doingmybest]

Thank you. I was worried that they might say that they changed address so did not get any letters etc. 

[Doingmybest]

Hi, I received the judgment this morning. I've emailed the court to inform them about the address so that it's on file.

Doing a google search there is an HCEO association that has a list of HCEOs.

They say that they will handle everything including transfer to high court. They obviously charge for this but do they charge the defendant or do I pay? also, is this the route to go down or should I go to the court?

Sorry for all the questions but I want to do everything correctly

 

Edited November 15, 2022 by Doingmybest

[dx100uk]

it's about £60 but thats added to the costs they reclaim from the defendant.

 

they do everything.

 

[Doingmybest]

Thank you

Edited November 15, 2022 by dx100uk
unnecessary previous post quote removed

[FTMDave]

Open.

[Doingmybest]

Just to update:

Sheriffs went to see them and they’ve now paid up. 

They need to collect their musky death trap now. 

thanks for all the help. Much appreciated 

[dx100uk]

well if they dont inform them storage will cost them £xx per 24hrs and you will not hesitate to raise a further court claim against them.

 

dx

 

 

[Doingmybest]

I’ve told them to come Friday but they haven’t replied. 

[FTMDave]

Well done on your victory! 

[Doingmybest]

They arrived today to collect the car.

Some how they managed to get it started and were able to drive it up the ramp - I don't know how this was possible as the AA and a seperate mechanic both said that the Cam belt had gone.

The guy made the comment that they're back at court.

I'm not a mechanic.

 

Is there anything that they can realistically do?

[dx100uk]

Back at court?

The only thing they can try is a set aside @+£275  ?

 

dx

 

 

[Doingmybest]

Possibly trying to worry me or goad me into saying or doing something.

They've got the car back and as long as there is nothing that they can legally do to my son, I'm happy to move on.

 

[Doingmybest]

I received a notice of hearing application from the court. Hunts motors are applying to have the judgement set aside. 
 

They made the application in January when they were contacted by the HCEO. 
they argue that they had not received any correspondence since May last year due to changing address. 
 

they’re requesting another hearing to “defend themselves “. 
 

do I need to attend and do I need to be worried?

[Andyorch]

The Notice should inform you if they wish you to attend but you can certainly submit a statement of objection with reasons why their application should be dismissed which should be filed and served not less than 7 days pre hearing.

 

better to attend the hearing if you want to have your say.

 

Andy

[Doingmybest]

The court has given joining instructions but I can’t see that they’ve asked me to provide anything. I will attend and get my statement ready before hand. 
I thought that once the defendant has paid that the judgment is removed automatically. Is that not the case?

[Andyorch]

Yes if they paid within the allowed time (28 days or forthwith whichever you opted for when requesting judgment) if not the CCJ is on their file irrespective.

 

As they have paid then your statement should inform the court same and inform them that this is merely a credit cleansing application and not a genuine reason to set a side the judgment.

[Doingmybest]

The Judgement was made in November and I received the Ccj and instructed the HCEO in January. 
 

they are also saying that they did not receive any paperwork until January due to moving address. I informed the court in October/November 22. 
This is a poor argument on their end as they knew the case was ongoing as we had mediation in May and there was no resolution at that point. 

[dx100uk]

and its down to them to inform the court they'd moved!!

 

dx