Judgment for claimant...advice please

[Gorang]

Re: Judgment for claimant...advice please

Ok it was a summons
you didn't acknowledge or defend
they did obtain the CCJ by default

so as FP said above, to apply to have this CCJ set aside

you'll need to have a good reason not to have filled it in and 'returned it', since it something you could do online. You may have an argument if you were away, ill, in hospital, etc. and missed the deadline for that reason.

Have you any reason at all (apart from ignoring it lol) for NOT acknowledging the claim that can be used to apply for set aside???

Also

Have you any way of finding out when you made the last payment to this account, so you know if the debt is statute barred or not??
old bank statements from an account that you used to make the payments online maybe, anything like that, anything at all that you can say for sure (and that you can use as evidence in court) when you made the last payment???

[carts69]

Re: Judgment for claimant...advice please

I ignored it as I believe it was fake! I now know different, I have no bank statements or any info relating to this account, I will be receiving a security number to access my credit files very shortly, this is my last resort to try & discover if the debt is 6 yrs plus?
If I find it's not, I will contact the courts & arrange installments I can afford, is that how I go about it? Thanks

[FlamingParrot]

Re: Judgment for claimant...advice please

Can I also suggest that if you are worried about your house in anyway speak to the charity Shelter than will advise you on what can and cannot be done.

Why should he be worried about his house? If the OP is a home owner, the creditor who has obtained judgment can apply for charging order (a restriction if the property is jointly owned and debt in sole name). Sadly there is very little that can be done to stop a CO (other than successfully getting the judgment set aside). This isn't an area where Shelter can do very much, since the OP will not be facing the prospect of homelessness. Most CO applications succeed. Having said that, a CO is merely a way to secure the debt against property, it doesn't mean the OP will have to move out of their home. A CO could, in theory, be enforced with an Order for Sale, but these are very rarely granted and the OP is a long way from reaching that stage, if ever. :nono:

[FlamingParrot]

Re: Judgment for claimant...advice please

I ignored it as I believe it was fake! I now know different, I have no bank statements or any info relating to this account, I will be receiving a security number to access my credit files very shortly, this is my last resort to try & discover if the debt is 6 yrs plus?
If I find it's not, I will contact the courts & arrange installments I can afford, is that how I go about it? Thanks

You could still try the SAR route to get hold of historical data, more reliable than your credit files. You don't have to apply for set aside immediately after receiving judgment, you may be more successful if you are able to back up your statements with proof such as you'd obtain from statements. Your main hurdle would be to justify to the court not having responded to the claim form. If you can't get the judgment set aside, then setting up an affordable instalment plan backed with an income and expenditure statement, is the way to go.

[carts69]

Re: Judgment for claimant...advice please

Ok... I am not a home owner, more concerned about the contents being taken by bailiffs & car etc, can anyone answer the above question I have asked, how long do I get to respond to this judgment before action is taken, also why is there not a payment plan on there, who can cough up 6k in one go?

[Amethyst]

Re: Judgment for claimant...advice please

If you feel you have a defence then you can enter an application for set aside (I think FP has already been through that) If you just want to sort out installments (if you acknowledge the debt and don't wish to defend the claim) then you can apply for redetermination of the forthwith order to an installment order.The process is quite straight forwards but either that or the set aside app needs to be done asap.

I didn't notice if you have already sent a CCA request to Lloyds (Halifax).

FP - On the claim form isn't it a bit odd they don't mention the Credit Agreement only the Default and Assignment notices?

[Amethyst]

Re: Judgment for claimant...advice please

Okay good news on the house If you don't feel you have a defence to the claim (if it is under 6 years since you last acknowledged / they have given you the original CCA / default notice etc / you have a good reason for having not responded to the claim forms) then it would be applying to vary the order to installments. As it's a default judgement through Northampton the paperwork they send you is quite limited.

This is the CPR on setting aside/varying judgment http://www.justice.gov.uk/courts/pro...l/rules/part13

The form you need for either option is the N244 application ( http://hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do ) and the EX160 if available from there is you qualify for help with court fees.

This thread has some info on regarding the application http://www.legalbeagles.info/forums/...059#post144059 (it's not completely suitable for your circumstances so we'll need to work on it once you know what you want to do)

Usually the judgment gives you a month but I might be inclined as there is no date for you to check with the court how long you have to get things sorted.

[wales01man]

Re: Judgment for claimant...advice please

Is there another advice site advising that you ignore all letters including court paperwork until a judgement is obtained?

[FlamingParrot]

Re: Judgment for claimant...advice please

If you feel you have a defence then you can enter an application for set aside (I think FP has already been through that)

If the debt was Statute Barred, that would be an absolute defence and certainly worth applying for set aside, especially when you consider the size of the claim/judgment. My main concern would be convincing the court that there was a good reason not to respond to the claim. :confused2:

What would a judge think when they hear the claim was ignored because they thought it was a fake? :incourt:

FP - On the claim form isn't it a bit odd they don't mention the Credit Agreement only the Default and Assignment notices?

The image is not the clearest, but I've blown up the bit where they do mention it:

[FlamingParrot]

Re: Judgment for claimant...advice please

Ok... I am not a home owner, more concerned about the contents being taken by bailiffs & car etc, can anyone answer the above question I have asked, how long do I get to respond to this judgment before action is taken, also why is there not a payment plan on there, who can cough up 6k in one go?

If you are not a homeowner, they can't apply for a charging order. There are other methods of enforcing a CCJ but they all require a further application to the court. Although in theory the creditor can apply for a warrant of execution to send bailiffs round, in reality this seldom happens with debts of this nature. Most bailiff cases you see here are for council tax and fines.

Amethyst has already posted about applying for a redetermination and I also posted above that you should draft a good income and expenditure form that takes into account everything and shows how much you can afford to pay every month. This is a good budgeting tool for that purpose: http://mymoney.nedcab.org.uk/moneyadvice/quickfs.asp

Having said that, you need to decide whether you want to apply for set aside first, bearing in mind the two options are not mutually exclusive, i.e. if you fail to have the judgment set aside, you can still apply for a redetermination to pay it in affordable installments. The only downside is that court fees are involved for both applications, however, if it was me, I would certainly be tempted to look at the set aside option first, as long as you are fairly certain that the debt was Statute Barred.

[Amethyst]

Re: Judgment for claimant...advice please

ahhhh yes, I just spotted it in another Lloyds claim form (which was bigger) must be my old age catching up on me xx

Need to find out on the stat barred bit before doing anything really

[FlamingParrot]

Re: Judgment for claimant...advice please

Thanks for all the info, regarding the credit file.. I have filled in my details & currently waiting for a security key before I can access my files, is this gone too far now or when the search is complete? There may be sleeping dog that I don't wish to awake, so if I choose not to enter the search am I still off the radar or have I crossed the line entering my address in the sign up process?
Also regarding the SAR, as im new to all this, can you explain what it is/how do I apply? Also.. how long do I have to make contact on the Judgment form before further action is taken? Thanks

A SAR is a request under the Data Protection Act, for all data held about you. It is often sent to get hold of historical data such as statements. It carries a fee of £10 and they have 40 days to respond. Below is a SAR letter, which should be sent recorded delivery. SARs usually go to the original lender (the bank), not the debt purchaser, DCA or solicitors acting for them, who wouldn't hold the information requested.

Dear Sirs

Ref: xxxxxxxx

Subject Access Request - S.7 Data Protection Act 1998

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or printouts of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system. If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You have 40 days in which to comply with this request.

Yours faithfully,

[carts69]

Re: Judgment for claimant...advice please

Update, the credit file is showing default date: August 2011 for some reason, I know I stopped paying in 2006 roughly! Thanks for all the replies, so seems I must pay this debt, would anyone be good enough to tell me if I ring the courts & request a form or do I print one from computer & mail it to them, cheers

[Amethyst]

Re: Judgment for claimant...advice please

Print one out and mail it to them, you'll need to do an IE sheet as well.

You could ring the court and ask them to send your the relevant forms for application for redetermination of a judgment from forthwith to installments though if you feel happier doing it that way xx

[carts69]

Re: Judgment for claimant...advice please

Sorry to be a pain, could you supply a link to the forms I need if possible please, thanks again for all the replies & advice