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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I was taking a defendant to court to retrieve �1,000 that I

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I was taking a defendant to court to retrieve �1,000 that I paid him towards a wedding- between my daughter and him- her now ex-partner. He used the monies to pay his rent. I was taking him to court as mediation failed. I did not attend court on the said day as I had the court fee deadline- due to postal error. I was told by letter that the court would strike the date out in this event. He turned up and I didn't, as I truly believed the slot had been re-allocated. The Judge awarded him �119, travel expenses- eventhough he lives 4 miles from the court, and �90.00 loss of earnings- but I have proof that he wasn't working as he was picking up belongings from the home he abandoned when he left my daughter and their 3 young children. He has a no-molestation order against him, granted to my daughter for 12mths- due to his aggressive behaviour. She is a victim of dom violence. I have rung the court to contest the award as I want the claim re-listed and am in the process of filling in a N244 form. He has since sent me a threatening text, eventhough I have forbidden him to no longer use my number. Where do I stand legally???
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
£1,000 plus £200, interest as I gave him the money 2 years ago. I repeatedly asked him for re-payment and he refused.
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you. Did you attend the hearing?
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you. Did you attend the hearing please?
Customer: replied 9 months ago.
No, because I missed the payment deadline- I did not receive the letter in time and the date for payment had expired. I was informed that if the payment was not made the court slot would be struck out. I understood that to be the case and so did not go to court, as I genuinely believed there was no court booked. I was moving my daughter from her rented accomodation at the time as she was served a section 21 notice- the home where her aned the children suffered domestic violence.
Customer: replied 9 months ago.
We have been paying un-paid bills as he left my daughter in a financial crisis. He stopped paying the rent, car payments, car insurance etc, eventhough she had 3yr old twins who needed to get to nursery and a 5yr old who attends a school 3miles away from her home.We had to buy her a car, insure it and we had to buy food etc as she did not work as she looked after the children 24/7.
.
Customer: replied 9 months ago.
I believe that if the Judge had been in receipt of all of the facts that he would not have beed awarded anything at all. He has scammed lots of people and two other individuals have taken him to court over monies he owes them , tens of thousands of pounds! He went into an IVA to avoid paying the court awards. He fraudulently used my daughter's bank details to obtain this. He gave her so little money she has been granted legal aid as he is trying to get custody of the children.
Expert:  Ash replied 9 months ago.
Was the case struck out?
Customer: replied 9 months ago.
Yes, the case was struck out, and that is why I thought that there was no hearing/court slot.
Expert:  Ash replied 9 months ago.
When was it struck out?
Customer: replied 9 months ago.
I had a letter dated 4th March, which I didn't receive until 16th- postal error- saying unless the claimant pd the hearing fees the claim would be struck out! This is why I didn't attend court. BUT, it wasn't struck out until 30th March. The hearing date was 23rd March - but I understood tis to have been cancelled re- the wording of the court correspondence.
Expert:  Ash replied 9 months ago.
Ok then you need to make an application as soon as possible using form N244:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdfThere will be a hearing fee of £255.Then the Judge can decide whether the first order was made incorrectly. Therefore you should apply to set aside and you should have an opportunity of making representations etc.Can I clarify anything for you about this today please?Alex
Customer: replied 9 months ago.
Yes, will £255, include actually hearing my case for claiming the monies- ie pay for a new hearing. What do you mean by the term 'apply to set aside'. Should I include all that I have told you, including evidence such as the Section 21 and the monies we have spent paying his debts ie outstanding bills. And do I mention that I want £1,000, purely because he took it and used it for another purpose, also that my daughter needs it to help support her children as he is not paying regular maintenance. He gave her £5 for food over the Christmas period- the deposit on
Customer: replied 9 months ago.
a turkey!!!
Expert:  Ash replied 9 months ago.
The £255 hearing fee is JUST for your application to have it reinstated. You should include evidence as to why the Judge was wrong and include the S.21 etc.Does that clarify?Alex
Customer: replied 9 months ago.
Yes, but what does set aside mean?
Expert:  Ash replied 9 months ago.
Set aside the strike out order, that means cancel the Court order striking out your claimDoes that clarify?Alex
Customer: replied 9 months ago.
Yes, that is fine! Sorry to sound dense,but I need to understand all terminology that may be used. Your advice has been gratefully received by myself. Thank- you. I do want to go ahead with this as I don't want him to get money,that he doesn't deserve.
Expert:  Ash replied 9 months ago.
You just ask the Court to set aside the strike out order - thats it.If this answers your question can I ask you to rate my answer before you go today please, otherwise the site doesnt credit me for the time spent with you. Thanks and have a great weekend. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 9 months ago.
Yes,I will,and thanks again. Regards, ***** *****
Expert:  Ash replied 9 months ago.
Thanks Helen. Alex

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