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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I could do with a legal representative to assist in filling

Resolved Question:

i could do with a legal representative to assist in filling out a N244 application form. I screwed up the last form and don't need to be doing the same with this one
Submitted: 10 months ago.
Category: Law
Customer: replied 10 months ago.
I'll give you some background:My mum passed away in January and had a business (Sandwich Shop) she owned as a sole trader. She had an outstanding debt with a supplier. The debt was debatable as a lot of cash changed hands. As my mum had cancer she wasn't really fit to be working. I stepped in as a spokesman when i heard about the debt. The paper trail was bit sketchy. She paid some of the money owed but unfortunately passed awaySince this happened the company have filed a CCJ against me which is outrageous since i had nothing to do with the business. There is no evidence to say i was. I'm not on any contracts, bank accounts etc. The issue has been that i sent in a defence to the courts but one piece of paper wasn't filled in correctly. They have awarded them a default CCJ against me because of this reason. Logic has defied these people as all the information they need was sent in but because of one piece of paper they awarded them the CCJ. I now have to fill out a N244 form to get the judgement set aside. I need assistance now as i don't want a repeat performance of the last outcome. I need to get it right, hence why i need representation
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you with this.Just to be clear its an application to set aside. Do you have a defence to the claim please?Alex
Customer: replied 10 months ago.
Yes its an application to set aside a CCJ that is wrongly made against mewhat does defence to the claim mean please?
Expert:  Ash replied 10 months ago.
Ok - on what basis are you saying you dont owe the money?
Customer: replied 10 months ago.
the business had nothing to do with me. i never made any agreements to the supplier either. no contracts are signed or anything.
Expert:  Ash replied 10 months ago.
Ok - then which bits do you need a hand with?
Customer: replied 10 months ago.
filling out the N244 so it doesn't cause me any issue as i had a CCJ FILED AGINST ME WHEN I THOUGHT I HAD FILLED THE LAST PAPERWORK OUT CORRECTLY
Customer: replied 10 months ago.
ooops caps lock. apologies
Expert:  Ash replied 10 months ago.
Ok. A phone call is easier, but I realise this is an additional service. I can talk you through the boxes
Customer: replied 10 months ago.
ok, could i do that in about 10 minutes as i need to just pick up my daughter from school quick?
Expert:  Ash replied 10 months ago.
Sure. When you accept it, leave your number and I can call. Alex
Customer: replied 10 months ago.
*********** will be back at 14.45 if thats ok?
Expert:  Ash replied 10 months ago.
Yes. Might I invite you to accept the additional service so I can call you to discuss?
Customer: replied 10 months ago.
how much is that? if not we can do it through here if needed
Expert:  Ash replied 10 months ago.
If not then please let me know which bit you are stuck on.
Customer: replied 10 months ago.
hi apologies i seem to have got caught up in work. could i speak to you first thing in the morning to get this done? be anytime you want after 8am?
Expert:  Ash replied 10 months ago.
Sure. I am in Court tomorrow at 9am. So remind me beforehand.
Customer: replied 10 months ago.
i can contact you at 8am. thanks
Expert:  Ash replied 10 months ago.
Yes ok.
Customer: replied 10 months ago.
Thank you
Expert:  Ash replied 10 months ago.
Thanks. Alex
Customer: replied 10 months ago.
Hi apologies for not contacting you this morning. Got tied up. Please let me know a time that's convenient for you today?Regards
Steve
Expert:  Ash replied 10 months ago.
Hello I am available now to chat Steve.
Customer: replied 10 months ago.
2 o'clock in the morning? That's some serious overtimeAre you about this morning at all?
Expert:  Ash replied 10 months ago.
No, I think the timing is wrong, I was fast asleep then. It would have been 2.10pm!
Customer: replied 10 months ago.
What time are you around? I can do the phone call and get this sorted
Expert:  Ash replied 10 months ago.
Probably this afternoon as I am in Court until about lunchtime
Customer: replied 10 months ago.
Ok shall we say 2pm?
Expert:  Ash replied 10 months ago.
Ok, can you come back on here and remind me? Just to make sure I am out of Court.
Customer: replied 10 months ago.
Ok I'll come back to you when I come in from lunch. Thanks
Expert:  Ash replied 10 months ago.
Thanks.
Customer: replied 10 months ago.
Hi Alex. You available or in a little while?
Expert:  Ash replied 10 months ago.
I am available this evening. Sorry I was just in Court (and won yay!)
Customer: replied 10 months ago.
Well Done!Do you work over the weekends? apologies wasn't in last night. i have attached a copy of the form i need to fill in (just incase you don't know it off the top of your head) Could you let me know if this can be arranged today? Regards, Steve
Expert:  Ash replied 10 months ago.
Dont worry I am very familiar with N244.If you accept the additional service and then give me your number, I can call you.Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 10 months ago.
*********** is my number. Thanks Steve
Customer: replied 10 months ago.
what time will you ring Alex?
Expert:  Ash replied 10 months ago.
Are you available now?
Customer: replied 10 months ago.
I'm out an about will be in after 6.30 and all evening if you can ring then? If so let me know a time and I'll make sure I'm available
Expert:  Ash replied 10 months ago.
Ok - remind me at around 6.30pm.
Customer: replied 10 months ago.
Let me know a time Alex and I'm around no problem
Expert:  Ash replied 10 months ago.
Calling now.
Customer: replied 10 months ago.
hello again. i've spoken with the legal representative of the company who has put this CCJ against me. I've told them i've applied for it to be set aside. He has asked me what evidence i have to prove the business was't mine. He wants me to send him this information to then discuss with his client if its worth pursuing or not. Do you think i should do that?I asked him what would be suitable as my mum traded as a sole trader. The issue i have is because my mum has passed away i'm not sure where any paperwork would be. what sort of paperwork do you think would work?All i know is nothing is in my name so how will they pin it to me? i haven't signed a contract anywhere. they have a running statement for the snack hub but thats not meAny advice would be great as stumped as to what to doThanks
Steve
Expert:  Ash replied 10 months ago.
Yes I think you should because if it can be done by consent that would be far btter.Alex
Customer: replied 10 months ago.
what can i do to prove it has nothing to do with me if my mum has passed away and i don't know how to find any of her paperwork? would it not be up to them to prove i traded because there is no evidence of that anywhere?
Expert:  Ash replied 10 months ago.
You dont have to prove anything. It is the others side claim so they have to prove you do.Ideally there must be something to show its not you trading. Personal bank statements etc.Alex
Customer: replied 10 months ago.
if i could find the sole trader business account would that be enough? i have a credit card machine statement in the snack hub name showing only my mums name on it.
Customer: replied 10 months ago.
my mum had 2 sandwich vans that she has a lease finance on if i dug around her home i might find them, would that be ok?
Expert:  Ash replied 10 months ago.
Yes I would think so. There must be some business bank accounts too.
Customer: replied 10 months ago.
ok i'll have a dig around i can get to her house this weekend and have a look. Thanks
Expert:  Ash replied 10 months ago.
good luck
Customer: replied 10 months ago.
thanks
Customer: replied 10 months ago.
hi i can't seem to add files. not sure if you've deleted the function but anyway.i found some copies of various documents at the weekend and wondered if you think it would be sufficient enough to put this to bed.1. A copy of a letter from the solicitor addressed to my mum about not owing any more money when signing up the shop lease
2. Shop liability insurance letter
3. Insurance letter for her sandwich van
4. one page of a quick breakdown of the sole trader bank account
5. invoice for some advertising
6. A letter from her accountants stating about paying the payroll
7. An invoice from her chip and pin company
8. a payment reminder from her chip and pin companythis is all about as good as it gets after hunting through her house. would this be enough evidence to show i have nothing to do with her business?Thanks
Steve
Expert:  Ash replied 10 months ago.
Yes Steve, if that is all you have, that will have to do.Alex
Customer: replied 10 months ago.
would it be enough for them do you think or should i keep hunting for more?or is this still a case of they have to prove i'm liable and they haven't got any signed contract with me. i'm just wondering if i need more evidence or not
Customer: replied 10 months ago.
i have taken a couple of pictures of them all on my iPhone. should i send them to their solicitor or wait for the court hearing?
Expert:  Ash replied 10 months ago.
I would keep hunting, the more the better.Alex
Customer: replied 10 months ago.
what sort of thing would add more weight as i'm not sure what else she may have?should i send them to their solicitor or wait until the hearing?
Expert:  Ash replied 10 months ago.
No, you need to file and serve it 3 days before the hearing.Alex
Customer: replied 10 months ago.
i won't take up much more of your time. could i just send you the two images i've got of these documents so you can see them and then let me know as they are quite good evidence i think
Expert:  Ash replied 10 months ago.
Sure if you wish. Alex
Customer: replied 10 months ago.
there you go
Customer: replied 10 months ago.
and obviously i have her death certificate
Expert:  Ash replied 10 months ago.
Ok sure. Just get whatever you can.ALex
Customer: replied 10 months ago.
Is that enough from the images I've shown you?
Expert:  Ash replied 10 months ago.
On the face of it yes. Alex
Customer: replied 10 months ago.
What do you mean by on the face of it Alex?
Expert:  Ash replied 10 months ago.
I havent seen all the evidence, so on the face of it, what you have sent, its okALex
Customer: replied 10 months ago.
Ok thanks. I think I will just email the solicitor the same pictures of what I sent you and see what he says. He said if it's not worth perusing then they won't

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