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Default Judgement - mishandled

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  • Default Judgement - mishandled

    Thank you for allowing me to place a problem within these pages.

    I had a relationship that soured - and loaned funds 'to help get back on feet' were immediately recalled by said person.
    This was not possible, and over the last 3 years since, the person harassed and caused endless problems - contacting associates, using most forms of internet media.
    This culminated in them publishing threats online - all reported to the police. They eventually took it seriously, and warned them to stop that behaviour.
    Then following the problems and harassment, I relocated to another European country. I did this, because work was impossible, with the content the ex was distributing amongst my work peers.
    Relations began receiving mail describing in detail the problem. Associates received the same via email, with malicious detail, which selectively omitted factual detail.

    A summons was issued via Northampton County Court. A neighbour kindly forwarded the mail - and i called the court and advised that I no longer resided there, and would they update records to European address.
    They were not interested, left on hold, called several times, promised return calls, by the court manager, which never occurred. They eventually advised i call the national helpline for court service.
    This i did, and met with a similar response - culminating with a response 'i don't know, sorry'.
    I was eventually advised of default judgement being awarded - neighbour forwarded mail again.
    I wrote to the uk court - and paid a fee for setting aside, with detailed reason.
    I of course added my address - which the court selectively ignored - sent paperwork to old uk address, and with obvious result, judgement upheld, etc.

    In the meantime, i visited my relatives in uk, and was served with a court summons for questioning by a loud 'agent' - i explained the position, that i was visiting and as court advised, the address, was not mine (more than 2 years) it made no difference, i stayed in uk until the questioning hearing - i did not have income to return and come back.
    The day of summons for questionning, i complied as best i could, lot of documents requested, i did not have to hand as they were overseas.
    I also raised point with court staff, as to why they had failed to communicate anything to my address - a member of staff went through the paperwork they ahd and acknowledged that they had in fact made errors with mail, and that they knew on 7 occassions, the process had failed to send documents, or respond, and that the claim was handled incorrectly.
    They advised i issue a complaint to the court manager.
    I did so, and the court manager responded by email the following week, when it was denied the court had mishandled the claim, yet passed the case back to the judge.

    The judge then directed that the claim remain 'as is' and that i furnish the court an address with which to send documents, or the original judgement order would stand.
    I complied, and communicated with the court - my address, and i did this by email and post.
    I never heard anything again.

    Last week, i was in the uk visiting my relative when i attended a social event, in the middle of this, the claimant arrived with a unknown person, who announced to the group i was found guilty of contempt of court and that unless i attended court on x date, i would be sent to prison for 7 days.
    The document address for service, was incorrect - as noted to court i had left that address - when summoned for financial questionning.

    I have no idea how they knew i would be present, in a local social event, for service, if they had written to me, i would have communicated any relevant action.

    I now have no idea how to defend or oppose this conduct. The only legal advice i had, i complied with 'complete honesty when questionned' i cannot afford legal advice, I remain scared to attend or go anywhere, and with the claimant conduct i would say that, if the position was reversed, i would have been arrested by now for harassment. Debt recovery is one thing, malicious distribution of material designed to embarass and cause distress, is another.
    The conduct has caused loss of employment, and has ensured i remain a coiled spring, so to speak.
    I am not expecting sympathy, cuddles or soothing head rubs, but i genuinely have no idea anymore. i have asked citizens advice for help, and unfortunately they have little grasp of the problem.
    The sum involved is substantial, but the reason for the loan in the first place, given the claimant's conduct and comment, is arguable.
    The claimant 'particulars of claim' do not reflect the facts - and in essence, would be considered relatively fictitious, if the judge did not take it seriously.

    I need help, if at all, is possible. Thankyou.
    Tags: None

  • #2
    Re: Default Judgement - mishandled

    Do you have proof of sending your new address and contact details to the Court Service in writing ?

    If so, apart from any legal remedies, go and see your MP and ask for help referring HMCS to the Ombudsman Service over this error.

    You may well also want to bring a claim or counter-claim against your ex under the Protection from Harrassment Act.

    I think you should try to get some professional legal help if at all possible. A fixed fee initial interview with a solicitor could be money well spent in your circumstances. Some solicitors will offer this free.

    Do you have a Law Centre near where you are staying / visiting ? Law Centres

    Otherwise, this is somoene who offers inexpensive legal advice and representation:

    http://www.lawsurgery.co.uk

    Comment


    • #3
      Re: Default Judgement - mishandled

      In addition to SpringerSpaniel's advice, you should quote any reference number you were given by the police in any correspondence relating to the malicious communications and harassment you were subjected to in this matter.

      I am attaching a copy of the Protection from Harassment Act 1997 to this post. Can I ask you to pay particular attention to Sections 1, 2, 3 and 7, but, in particular, Section 3? If you require any further guidance, please come back onto this thread.
      Attached Files
      Life is a journey on which we all travel, sometimes together, but never alone.

      Comment


      • #4
        Re: Default Judgement - mishandled

        Thabk you i will look further into the advice stated above.

        I only have email response from the court - and an acknowledgement from the particular court person, who stated that they were having difficulty with email communication, in general.
        I did supply my address by post - advising them for all service of documents.
        The court never eesponded or acknowledged.

        I suspect, that is because the court staff apparently were 'conflicting' as to how a uk laim issued initially by northampton county court, and the problem with non uk address, is either met with 'lets just send to the uk address of service' however incorrect - this was confirmed in person, by court staff, when i confronted them over the mishandling of claim and protocol/process, and evident by the 7 instances over 4-5 month period, when the claim mail ws returned to court marked undeliveed or returned incorrect (i saw the evidence - shown by court member of staff) when i discussed the problem and issue of setting aside being 'selectively ignored'.

        I have contacted several 'free' organisations re this matter, the ones i have asked so far, have requested up to 8 weeks in advance of any hearing, prior to help.
        I am not in a financial position to pay, i have tried to find legal advice using :

        'Does not qualify for legal aid' by residential reasons / so far i have drawn a blank.
        I am unable to pay the travel costs for the hearing so i shall remain in the uk until concluded.

        I have contacted a stalking organisation for advice, reports to the police when it first started, were generally met with indifference - it took a female detective who heard one of the multiple complaints before the local police acted upom it, by way of a written warning.

        The harassment conduct has gotten worse, in that they use social media (i do not have any social accounts using my real name) it has become too risky.
        Twitter removed direct threats made from her account in 2009 but it has now progressed to using facebook and linkedin - facebook can be blocked, but linkedin cannot.
        So far this year she has 'befriended' 14 of my business associates, so on discovering that, i delete the contact.
        I asked linkedin for advice - and was ignored.
        I no longer visit certain towns or places where i may encounter this person, i have changed my mobile number 5 times in 3 years, * at one stage i was receiving 30+ sms a day / voicemail (never turned on) i never answer withheld numbers / and email address is monitored carefully as email frequency was 20+ a day for almost 2 years.
        This behaviour already existed and preceded any financial loan, in case anyone assumes it was conduct to 'track me down' in terms of repayment.

        I am a virtual recluse.

        Comment


        • #5
          Re: Default Judgement - mishandled

          You can apply for an injunction restraining future harrasment, you can do this yourself in the county court.

          Breach of this injunction would then be a criminal offence with powers of arrest adn a possible prison sentence

          Comment


          • #6
            Re: Default Judgement - mishandled

            Kneadhelp,

            As SpringerSpaniel has said, you can apply to a County Court for an injunction under Section 3, Protection from Harassment Act 1997. Breaching an injunction granted under Section 3 of the Act carries a maximum penalty on conviction of an unlimited fine, or up to 5 years' imprisonment, or both. Please do not let this person make your life a living hell. You don't even have to tell them you are applying for an injunction.
            Life is a journey on which we all travel, sometimes together, but never alone.

            Comment


            • #7
              Re: Default Judgement - mishandled

              I am attaching a guide covering how to get such an injunction.

              It is written more with a view to harrassment from DCAs etc as this is more often what members of this site are faced with, however the legislation and the procedure was created more for the sort of situation you are in.

              I would recommend that you do NOT give notice to your ex-partner, but instead seek an ex-parte injunction.

              You can also seek compensation for the effects of this behaviour eg damage to health, loss of employment, distress and anxiety.

              Comment


              • #8
                Re: Default Judgement - mishandled

                You may well be able to argue that any amount you owe to your ex should be set off against any compensation due to you on account of the harrassment.

                I woudl still advise that you go and see your MP about the mistakes by court staff which have made this more difficult for you to deal with.

                If you have any further need to correspond with the court ALWAYS put EVERYTHING in writing; send it by recorded or special delivery and keep a copy.

                Comment


                • #9
                  Re: Default Judgement - mishandled

                  Thank you both very much

                  Comment


                  • #10
                    Re: Default Judgement - mishandled

                    Update :

                    the legal centre link : www.lawsurgery.co.uk is an expired/stopped link.
                    i heard back from several 'free help / probono orgs - both declined on basis of timescale.

                    I am continuing to seek advice, and preparing a document for hand delivery to the court by the end of this week.
                    I found the local MP - and a former MP who i have a meeting with this week.

                    If i remain in the uk for the hearing - i have no documents with which they will require to see, as per the previous financial questionning.

                    If i use my ticket to return to work - (i am now late as a result) I will require 475 euros for a return trip to the uk for attendance.
                    That includes a taxi - train station (22km from train station) - train tkt airport - airport - uk - uk - train - court attendance - return etc.

                    The dilemma is that unless paid, quickly the air ticket price increases.
                    I have added that issue to the court letter of complaint.

                    I am obliged to stay until the hearing, i am sufficiently scared to avoid causing, or allowing any opportunity for the claimant to exploit the court's indlugence.

                    I will likely lose my employment - short term design contract, as a result.

                    I have contacted a support group for Harassment & Stalking persons.
                    I will update as I progress today, with Claim / response / etc.

                    Comment


                    • #11
                      Re: Default Judgement - mishandled

                      update :

                      I have spoken with a local MP re this matter - he has arranged for a legal appointment, and suggested a proactive course, that compliments the advice from SpringerSpaniel & BlueBottle.
                      I visited the court today to request photocopies of all documentation of the case,
                      as these are needed for legal purposes, and to maximise the effectiveness of a meeting.

                      The counter staff required that I "place that reequest in writing" as they are "not authorised to supply case documents in this manner".
                      I responded by stating that as I was now in the UK until the next hearing, did they suppose I return to Italy, write a letter, await their response, then return to the hearing, unprepared and no doubt, without documents, as they had failed to notice, 'non delivery' to defendant?
                      I was then advised - after a long wait - to call back in the morning, when I may be able to speak with the relevant person.

                      The MP is going to call back today, and advise on any further detail, they may suggest.

                      Comment


                      • #12
                        Re: Default Judgement - mishandled

                        I am glad you're now getting some help.

                        I apologise re my link, Law Surgery has a '.com' not a '.co.uk' address:

                        Law Surgery - Barrister Henry Hendron

                        I realise you now have some other help but I am posting this in case it is helpful to other members.

                        You may also find the site bullyonline.org.uk helpful for survival tips.

                        Comment


                        • #13
                          Re: Default Judgement - mishandled

                          will update as all 'unfolds'.

                          Comment


                          • #14
                            Re: Default Judgement - mishandled

                            After I spoke with a local MP's office, explaining the position, I received a referral to a local lawyer - it was initially said, I could get 30min advice for free.
                            Visited the lawyer last week, I was advised that they would only offer advice for £100+vat. explained the position, made no difference.

                            After I spoke with them, in summing up the advice, I was then told they would help during the case for @ £1000 payable before the hearing.

                            I visited the court prior to 'advice' from solicitor and obtained several documents I did not have.
                            So that's where I am - I will attend the hearing on my own, as costs are not possible.I have tried and followed many options to attain free advice or help from qualified persons, but to date, aside from response above, I have encountered the 'not enough time' etc.

                            Comment


                            • #15
                              Re: Default Judgement - mishandled

                              today is the hearing. I am scared.

                              Comment

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