Council Attempting to Strike Out Hearing Assistance needed

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Council Attempting to Strike Out Hearing Assistance needed

Postby Ingy » Wed Feb 19, 2014 10:37 am

Urgent.

Hello all,

I went through the entire project of sending Leicester city Council my Fees for dealing with their contact in letter form.
Sent them my Fee schedule which they ignored and when they wrote to me again, I then charged them my fees which they didn't pay, despite giving them several honourable extended time limits to pay within
and so I used this online court service to claim the money they owed me https://www.moneyclaim.gov.uk/

The Council did not pay up within the time line the Court set out for them, which means my next step is to apply for the court to take judgment which I haven't done yet as couldn't find out how to on the web page so emailed the request but haven't heard anything back yet...

but in the meantime the Council applied by the Court for an application to 'Strike Out Hearing' which I will have to attend and need urgent help on what I have to do to try and overturn this Hearing?

I have found out that they can apply to ask the court to strike out your opponent's claim if they consider it is "vexatious" (mischief making), "scurrilous" (insulting), or "ill-founded" (wrong).

I need urgent help on what exactly I have to do now please as am a little angry with Leicester City Council scum.

Or better still, does someone near-bye with the know-how want to assist me in the preparation and also attend the court with me maybe?
Ingy
 
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Re: Council Attempting to Strike Out Hearing Assistance needed

Postby musashi » Thu Feb 20, 2014 12:18 am

Your mistake was to go to them and ask them for something - and in a jurisdiction where they all hold hands under the table despite being 'separate'.

If it were me, I would download the lien process templates posted up on this site and go that route. I'd even read some of my old posts on the subject.
I'd download a copy of the civil procedure rules and use them.

The lien takes us away from the hand-holding pirates and into a private claim which they cannot interfere with and which, when completed, is registered at county court by a district judge. He cannot refuse you.

Then I'd send a claim to their insurance providers who must, by law, pay out on a proven claim. The council must tell me who they are and give their contact details and a copy of the policy if I requested it.

I'd start a Part 7 claim in the county court to get enforcement of the debt - if less than £30k - and go from there. I have lately put up a lengthy post on such enforcement and the Queens Bench pdf may be downloaded and can help also.

However, I'd try to be certain that my claim is not vexatious but, rather, is valid! It is, after all, a money claim - and they can be dangerous things.

Musashi.
It's still fucked, isn't it?
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Re: Council Attempting to Strike Out Hearing Assistance needed

Postby squark » Thu Feb 20, 2014 1:08 am

I would go to the hearing
I would ask if equality before the law is mandatory and paramount.
I would ask if they have the right to charge for services that folks use
Then I would ask if you don't have the same right
You didn't force them to write to you, they had the terms and conditions
Then I would ask to see the agreement between the equal parties that made them able to force shite on you but not you force shite (sorry ) on them

They must believe that there is an already existing contract that binds you and them. Ask them where it is. Ask "What is the nature of the relationship between LCC and myself"
Despite taking me to court for no payment and their solicitor testifying the bill was correct and lawful, my local council say "we do not have that information" when asked the nature of our relationship. Something is wrong there!

The "Judge" may be thinking of the public good (services for the old etc.) but everything is arse about tit, back to front, the "public" is actually "private", the members of a members only club, citizens.
And the Lord spake unto his people, he said "Get Off MY Bloody Land!"
And the people gave unto the Lord, freely they gave him The Finger
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