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Small claim from Carflow Moorside overstay

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Comments

  • kobonet
    kobonet Posts: 22
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    My concern is they don’t tend to response promptly historical and I only have 10 days to pay according to the letter.

    Last time when I spoke to them in April 2026, I was told they were going to defence the “technicality”. I’m not really sure what it actually meant. Is it normal that I wouldn’t receive the hearing order or judgement directly on the post?

  • Coupon-mad
    Coupon-mad Posts: 166,357
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    edited 17 June at 12:17AM

    I suspect the orders have all gone to Saz because they are your solicitors in this case since last year.

    Odd then, that you were sent this copy.

    @ChirpyChicken will confirm but I think a Warrant of Control can only be acted upon by court bailiffs, who are slow to act.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • ChirpyChicken
    ChirpyChicken Posts: 3,652
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    IIndeed

    As they would have submitted a notice of acting then all to SAZ.

    Ring her asap.

    With regards to baliffs. Carlow do thier own litigation so makes sense.. still wont see it won't see it from bulk litigators

    Finally these are employees by the courts directly and easily dealt with. They tend to just work weekdays and easily got rid of.

    They can't not force entry. Where's your car parked during the day.? As mainly employees they tend to work weekdays only. They don't call more then twice

    So dont panoc

  • ChirpyChicken
    ChirpyChicken Posts: 3,652
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    edited 17 June at 7:37PM

    Any joy?

    Remember SAZ are a regulated solicitor

    https://www.lawgazette.co.uk/news/veterans-mistakes-did-not-amount-to-misconduct-tribunal-rules/5127084.article

  • kobonet
    kobonet Posts: 22
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    I managed to speak to SAZ and he is now waiting to hear back from the court regarding what happened with the hearing. He said that if he doesn’t receive any update or clarification from the court, he will proceed to apply for a set aside on my behalf.He also confirmed that the court refused his request to attend the hearing remotely, but the refusal only came after the original hearing date had already passed. Because of that, he didn’t know the hearing was still going ahead, and neither of us attended. He believes this may amount to a procedural fault by the court, given the timing of the refusal and the lack of clear notice.

  • Coupon-mad
    Coupon-mad Posts: 166,357
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    Sounds a right mess. Surely you aren't having to foot the bill for the N244?!

    I regret advising you to do this case this way now.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • ChirpyChicken
    ChirpyChicken Posts: 3,652
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    You need to be clear who you are dealing with

    SAZ or Contestor

    He/they should have assumed the hearing was going ahead and attended or at least checked.

    Sorry it sounds their fault entirely

  • kobonet
    kobonet Posts: 22
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    I’ve signed agreement with both, SAZ is the most the communication I have with.

    I have been chasing through email since I last spoken to CL, it’s the same person regardless from CL and SAZ but haven’t yet got an update.

    I’m worried time has past by. What’s my position and best next step or plan B?

    Appreciated you guys for all the help.

  • Bazarius
    Bazarius Posts: 257
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    Inbox me with the unredacted warrant of control. I have direct communication to SAZ .

  • ChirpyChicken
    ChirpyChicken Posts: 3,652
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    edited 21 June at 3:31PM

    You have already been advised of what to do with regards bailiffs. That is a matter easily dealt with in the interim

    But the point is SAZ is a regulated firm and therefore has certain obligations

    There is unfortunately a lack of prompyness with regards to SAZ/CL which I have noticed on various occasions when dealing with them

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