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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70009
Experience:  Over 5 years in practice
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Dear sir/madam, I have been taken to county court because

Resolved Question:

Dear sir/madam,
I have been taken to county court because of legal aid contributions. The amount they tried to charge me was incorrect and I have proof. My solicitor told me to ask the county court for an apllication to set aside the amount because it is incorrect. When I spoke to county court they said what application, I need to ask them for the correct one because they cant advise people. Can you help me ? My solicitor is on holiday for two weeks and said I would be able to handle this myself.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you mean setting aside or redetermination of the amount?
Customer: replied 2 years ago.

What has happened is that the legal aid people have taken me to county court and have been sending letters to my old address from deby collectors. My old lanlord gave me a county letter and it is an enforcement notice with added costs for 3500. However this amount is incorrect as I have a letter from bedlington magistrates that states it should be £1658. I have been trying to pay this with my solicitors help but when I went into his office he told me I would need to pay for an application and go to county court. He has wrote on the enforcement order that I needed to ring county court and ask for an application 'to set aside the amount of £3500 because the figure is incorrect.' However the ladies at county court are less helpful and say 'well what application do you need, we cant help or advise. So is there a type of application I need to ask for that can sort this mess out?

Thanks

Expert:  Jo C. replied 2 years ago.
I presume this is a criminal solicitor?
In short, you accept the fact of judgment but dispute the sum?
But you accept that you are liable for something?
Customer: replied 2 years ago.

Yes this is true it was for a court case last year. I have been trying to pay the correct amount with debt collectors rossendales. But they said they could not alter the amount so I got my solicitor involved and he verified the sum was incorrect that they were charging. This has since been passed to county court with letters being sent to my old address. So what application do I need to ask for at county court to sort this disputed sum out becuase I need to get this sorted as the decision was passed in May and I didnt find out till two weeks ago

Expert:  Jo C. replied 2 years ago.
Thanks.
It would appear that your solicitor means redetermination of the amount rather than setting aside.
I cannot immediately see any grounds to set aside the judgment. You accept liability. Even if the summons wasn't received the plain fact remains that you are liable.
But if the amount is wrong then you should be applying for redetermination.
You can actually do that just by writing to the court quoting your case number ***** asking them to list it but you can also use the N244 form.
In the meantime, just begin paying the debt collectors so that at least a court will see that you are making efforts to resolve this.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

The debt collectors when I have rang them now have no details of me on their system. I have given them the reference number and they say it has nothing to do with them it must of been passed on. I am just wanting to pay the full amount that is owed truely. Do you know how much this N244 form(application) will cost to submit to county court? I still have the evidence from bedlington mags where the legal aid application was first submitted that states the true value is £1658. Would you advise me to ring county court tomorrow and ask for this N244 form and send it back filled in or just write to the court explaining this and show a copy of the evidence?

Cheers Tony

Expert:  Jo C. replied 2 years ago.
I see your concern.
Just for clarity, its not possible that they have added costs? That isn't common with a small claims court sum but I wonder if thats the issue?
Customer: replied 2 years ago.

The value they first wanted was £3372 and now they have taken me to court the amount is another £150 extra. So its not the added costs have nearly doubled the amount, as my solicitor who dealt with the original case said they have it wrong but the county court is not very helpful hence why I am asking you.

Cheers Tony

Expert:  Jo C. replied 2 years ago.
OK. That does seem a large increase.
County court staff are not very helpful but, in fairness, they are not lawyers.
This will be a small claims court sum though so redetermination shouldn't be enormously expensive. If you have not kicked out of small claims court fixed costs then its probably less than £50
Customer: replied 2 years ago.

So would your advice be to write to county court or ring them for the N244 form?

Expert:  Jo C. replied 2 years ago.
Sorry! You can always phone them but you must follow everything up in writing.
Personally I would use the N244 form. Its a generic form and nobody can accuse you of not complying.
Jo C., Barrister
Category: Law
Satisfied Customers: 70009
Experience: Over 5 years in practice
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