Re: AOE £816 taken from my monthly salary URGENT

by **daveiron** Thu Nov 24, 2022 11:23 am

Once again ,just my opinion,
If you are succesful with the set aside,you must prepare for this to be
heard in court . Get all evidence together ,(texts ,letters ,emails etc)
Get the NoCA sent, ( you are showing you are trying to deal with the matter
in honour and require evidence which supports his claim)

It sounds like he will have little to back his claim in the way of evidence.
Sit down and play devils advocate and try to think of all he is likely to say
in court,then get your answers sorted for this.

Its important that he provides proof of all these alleged transactions,
dates,amounts etc,and these were loans & not a friend helping out.
The burden of proof lies with the claimant.

Work on the assumption that he has evidence of your offers and also
your wifes,( if threats were involved ,thats part of your defence.)

by flyingfish Thu Nov 24, 2022 12:20 pm

I agree with DI. Get cracking on the set aside application, remember that although you need to show you have a defence it does not have to be proved at this stage. All you're doing is showing you have a defence that is worth hearing.

The bit that might need a bit of thought is how to present your mail problems, as on the face of it the court might think it unlikely that you missed every bit of correspondence. Maybe in the application you could just put long standing mail problems, but you might want to look out supporting evidence like provisions you have had to make for other stuff normally sent by mail.

The particulars of claim are amateurish and rambling, so your evidence that you have tried to settle amicably will be very much in your favour when you start to draw up your defence.

by Anonymous1975 Thu Nov 24, 2022 4:26 pm

Ok so a little update on this, when i contacted the courts today to submit the N244 form i was saying what had happened and there was a note on the file, the claimant is being looked into for numerous claims brought against multiple people, it would seem that that it isn't just myself that had made a complaint, some people had even gone to the police and made a report to the police. So, my file has been suspended pending a police report, thank you for all the help and assistance from everyone i do appreciate the time that people take to help in here.

by flyingfish Thu Nov 24, 2022 4:55 pm

Good news. Does this put enforcement on hold? Any chance of getting your money back from the AOE?

It sounds like the claimant has been quite seriously misbehaving for the court to take that sort of action, I wonder if he's suspected doing something to deliberately get default judgements.

by Anonymous1975 Thu Nov 24, 2022 5:02 pm

The enforcement is now on hold, and I can appeal to have the AOE that has already been claimed returned, I will need to reply to an email that they have sent me, how quickly that happens I don’t know. I had heard he had been doing this to other people, one was a young mother who I heard he “lent “ money to knowing she couldn’t pay it back and offered other ways of paying it back.

by **daveiron** Thu Nov 24, 2022 5:44 pm

Good news, I would still get everything prepared just in case.
Write out your NoCA but dont send it. It will be good practice for any
thing in the future .

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