Thanks. Is it 21 days from 23rd April (hearing in court) or from the receipt of the judgement copy.
Can I also seek your advice on the following:
since I filed to set aside the hearing on time and had hearing last week… is the 28th Nov judgement kept on hold?
I lost last weeks hearing - To me , 30 days should commence now.
Do I need last hearing order to get clarification. Probably It will be written there - amount to be paid in full within 30 days of making this order, else - petitioner entitlement for enforcement and CCJ to be put in place.
Are the following steps Ok for me to go ahead with:
1. Get last order ASAP. Show the order to anyone in the court to know precisely -
A. CCJ in place already or still have 30 days to settle from the time this order is made?
B. Has court already entered my name in Register of judgements and fines (as estate agent credit check showed CCJ)?
C. Get forms to Counter file financial litigation, note the fees involved, do I need to prepare self representation certificate on the new case and get the representation signed by GP, banker, or self can pledge in the court at a fees. Is Pledging self docs in court the best practice.
D. Fill .. Form to appeal last week hearing , court fees involved, whether last hearing will be put on hold and 30 days will commence when I loose again or has it already started?
E. If I file counter, will the court put their case on hold? And upon the outcome of my case only will the court give final ruling and action / payment / CCJ process would commence ?
F. When I am filing counter and reappearing last weeks order, do I have to send docs to the other party or will the court notify them in due course?
Will the Court ask me - why u want to appeal or counter.
My Reason - their figures are wrong, they have breached contract and falsely put forward a case to extract money when they decided not to pay my salary being a small enterprise and compelled me to resign with a particular last date thereafter. They are trying to jeopardise my credit rating and it has caused me great deal of distress and I wish to fight back requesting court to grant me time, put their case on hold and give me a fair chance to prove my innocence being the victim in accordance with fair company statuary regulations.
Do I need to prepare - exhibits -
1. Copy of old and new email contract highlighting changes within 10 days of starting work.
2. 3k Joining Fee which I used for car deposit.(highlight 3k point email)
3. 5k confirm to be paid by 31st march 2014. (Show their contract agreement email )
4. Their wrong calculation (malafide in all probability) of unpaid leave on 1st contract when job specs were conducted on 2nd contract. ( show their claims letter)
5. May salary clearly not paid (show bank statement of march april and May). Conveniently, they played with figures and showed overpayment.
6. Double counting NI ( show their claim letter vs my pay slip where tax and Ni deducted ).
7. Copy of claimed expenses not paid
8. Copy of unclaimed expenses not paid
9. Cost incurred so far in legal and court fees.
10. Therefore , my correct worksheet vs their false calculations.
They took my services, didn't pay my salary/ expenses and in return filed a case against me to make more money.
Plea for my counter -
1. Their case to be dismissed outrightly on the basis of falsifying information, incorrect figures and changing vitals of contracts via email without giving me an option to get a legal opinion before accepting to the new job terms.
2. My claim to be adjusted vs their claim. I owe them a small amount and this shall be paid immediately within 7 days from today if petitioner takes his case out and request the court to take my name off CCJ. I am a law abiding citizen and have never been in contempt of court.
3. I further request court to ensure that there exist or will not exist any future claims between the company and me and all financial matters settled.
Plea for my appeal -
1. Counter claim case no ---- has been submitted.
2. False figures of petitioner. Correct ones attached.
3. Please hold any CCJ as outcome awaited on my case.
4. Please do not grant petitioner for enforcement application as I request time to prove my innocence .
5. Appeal as I was away on personal family dilemma abroad before last hearing. Itinerary and boarding pass attached.
6. Appeal as I didn't get appropriate paperwork from court / petitioner timely and when I did get .. I didn't had substantial time to prepare or take legal help.