Yes. He sought order of sale enforcement for me in the local county court. I paid for the barrister, and monies for preparing for the hearing that he had asked for. He was also granted monies by the court.
But I remember that after the hearing, he asked for more monies stating that more work was done and the monies granted by the court doesn't cover his cost.
I want to add that I had the understanding that I owe nothing to him at all. And, that is the reason he's never asked me for monies in the past 5 years. If he felt I owe him monies and he wasn't happy with the last payment i made to him, then he would have sued me much earlier.
My memories are weak on what exactly happened with regards ***** ***** and the quality of his work. But i remember one of my hearing got cancelled since he didn't complete the paper work correctly. That was my argument of not paying him extra after the matter as it was his fault two hearings had to take place. he had accepted that then. But either he didn't remember 5 years later and stumbled upon my old file and felt like he can extract more monies from me now.
well i need answer to my question.
I want to know if in my situation it's worth appealing against the CCj on two grounds:
1. It was sent to the wrong address i.e. my previous address and i never received any communication.
2. i don't owe this money as matter is from 5 years ago and there was a verbal understanding between the parties that no money is owed.
please respond as per my original question and additional information i have provided.
yes for non payment. i have already given full information earlier.
as i said earlier, the communication between this lawyer and myself only happened verbally during my last meeting with him about 5 years ago.
he asked for extra monies after the hearing that he did work for me.
I declined due to extra work being his own fault since he failed to compete the paperwork which led to two hearings instead of one.
then due to his aggressive nature, i moved solicitor and have never heard from him in the last 5 years. He was obviously in agreement at that time. However, he may produce all sorts of documents claiming I owe him money.
I don't have any evidence of that verbal communication. My only defence is that he hasn't ever asked for monies in the past 5 years. His is a well established practice. now, he has suddenly decided to sue for non-payment when I honestly struggle to remember details of the case properly.
is my defence strong enough? he's asking for lot of monies about £3000+ which is ridiculous for 1 enforcement hearing when a lot money was already paid to him.
I need further information on how to proceed with N244 or any other ways to have CCJ removed, defend in the final charging order hearing and also what kind of proof would be useful in my defence.
Please read my history to understand my case.
In short, I did business with a lawyer in year 2010 and I moved on from this lawyer because of dissatisfaction with his work and also due to his aggressive nature.
Now, 4 years later, out of blue moon, he's raised a claim for money against me. I only found out 6 months after he started chasing me for money because I moved home since June 2010 so I never received any paper work. I found out when my credit history was checked by my employer and a CCJ has been found.
I filed N244 a month later. In the mean time, this lawyer secured an interim charging order against my house( address he has, it has been rented out since last 5 years).
My N244 was dismissed along with the interim charging order because we both failed to attend the hearing . I because I only found out 2 days before the hearing( court letters don't get to me. I have to call the court to find out).
Now, there is another hearing pending soon because the claimant has again applied for the final charging order.
I am planning to file another N244 claiming I don't owe any monies. I am planning to take my credit history report to proof my 100% clean credit history. I am also going to take some proof of work carried out by this guy and also the monies he received from the court and also me 5 years ago.
do you think this is the right route? what else can I do to defend myself?
he had secured an interim and final charging order on my ex's property 5 years ago and the judgment debt shows about 3500 pounds. He had never gave me that bill in the past!! seems like newly constructed.
how can i ask the judge to reassess his cost?