Does anyone have any adivce (personal matter)

[squern]

The Courts are usually quite good at helping people who are unfamiliar with procedures.
Have you thought of asking for their help?

You could also try Trading Standards, since this looks like a case of sharp practice. They may very well have this man on their books already.

And what about the Police? As far as I know fraud is still illegal, and they would at least put a bit of pressure on the man. Could also perhaps look into his claim that he was out of the country.

[Gill]

My MIL (sort off) is an OAP, we (I helped her) applied to have a CCJ against someone who owed her money, as the defendant never answered in the time period given, they received a CCJ, but then the defendant asked for the CCJ to be set aside due to them saying that they never received the court papers and they were out of the country and some other jargon put down, (even though we know they did receive them and they were not out of the country we just don't have proof)

At the hearing to set the judgement aside the judge said that as the defendant had made the claim to have it set aside with in the 14 day period and as such it was his duty to set it aside.

The judge has told the defendant he wanted a couple of things sent to court by a certain date as proof of his claim on the statement he had already sent into court, and a later date for my MIL to respond to her claim as to why she thinks it is him that owes the money and not the company the defendant has said that she should off took to court and not him.

I went to the last hearing and knew that my MIL was so not at ease and was pronouncing names wrong stuttering, and didn't know what to say or how to say or even when to say it it although it was in her head and written down she very very nervous and the judge even though he was very nice did not really talk in laymen terms making it harder for her to realise what was being said, of course the defendant was not at the hearing but he had a solicitor there to speak for him, and he has the money to do so.

As she is not entitled to legal aid anymore (thanks to government) and that she can't afford a solicitor. Is there any other organisation that we could approach that would be able to help us out and even talk in court for her, we went to CAB who was not very helpful just said that she should see a solicitor

My guess is that the judge has asked for proof of the defendant being abroad - plane, ferry ticket etc. When are the 14 days up?

Also, how do you know they received the papers? Signed-for delivery?

[shezz]

Before wasting a lot of time and effort on this, was there any indication from the Court about whether there would need to be a further Hearing for the first case or will the Court reach a decision based upon the additional submissions asked for? If there is no need for a further Hearing, then is there any need for you to be looking for further legal representation for the first case?

Regarding the second case, there is a park operator with many sites across the UK which has a notoriety for its bad conduct with caravan owners. If the second case is connected with that operator, it might be worth your while spending time on the internet researching other legal proceedings against the operator by other caravan owners as this might give you some ideas on how best to proceed. You might even be able to make contact with some of the caravan owners who have been successful in Court against this operator. If appropriate, you could also consider reporting the matter to the police via the actionfraud website at www.actionfraud.police.uk .

Hi we have no idea if the case will go any further as yet, I believe or hope that the evidence I have collated will go in our favour. not being legally minded I just hope that what I submit is what they need to see, also the problem is my MIL being able to stand up in court and hold her own or even understand the jargon, I know the judge was really nice last time and asked her if she understood and she said yes, only then to tell me outside she didn't really know what was happening.

I do know this person we are taken to court done the same last year to someone else set aside judgement (have the papers) might look into it to see what the outcome was of that case, the reason this is even harder is this person is a tax exile, so nothing in his name over here. have some documentation that shows the company has had no CCJs against them sometimes the website can be a wonderful place

thank you for your advice

[shezz]

The Courts are usually quite good at helping people who are unfamiliar with procedures.
Have you thought of asking for their help?

You could also try Trading Standards, since this looks like a case of sharp practice. They may very well have this man on their books already.

And what about the Police? As far as I know fraud is still illegal, and they would at least put a bit of pressure on the man. Could also perhaps look into his claim that he was out of the country.

The courts have been helpful and have explained to us steps we have to take when we phone them up, it is all about proof, if we don't have proof we don't have a crime, we could have proof but people are scared especially when they know court is involved

[shezz]

My guess is that the judge has asked for proof of the defendant being abroad - plane, ferry ticket etc. When are the 14 days up?

Also, how do you know they received the papers? Signed-for delivery?

His a tax exile and proof is not so easy for us to come upon, I have managed to get what I can I just hope it's the right proof, I know they received the papers as the new site manage told us and even told us they handed it to him, I have proof of him signing letters that we sent ( good old royal mail was able to download signature) but the court papers went out second class not signed for ( I really don't understand why) but it is a county court not a criminal court that may be why

He has to reply to the court by the 9th April and we have to submit our reply by 30th

[Gill]

His a tax exile and proof is not so easy for us to come upon, I have managed to get what I can I just hope it's the right proof, I know they received the papers as the new site manage told us and even told us they handed it to him, I have proof of him signing letters that we sent ( good old royal mail was able to download signature) but the court papers went out second class not signed for ( I really don't understand why) but it is a county court not a criminal court that may be why

He has to reply to the court by the 9th April and we have to submit our reply by 30th

A tax exile would need proof of when they were in and out of the country for tax purposes in the UK. If I was in your position I would contact the ta office too.

ta = taxxxx

this x is causing me trouble! LOL