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Judment for Claimant

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  • Judment for Claimant

    Hi,
    Not posted for a long time, but still read this forum a lot because of the great advice i got from here.
    My point is i am really worried as i received a letter today from the County Court saying Judgment for Claimant.
    It says :
    You have not replied to the claim form.
    It is therefore ordered that you must pay £1231 plus costs.
    If you ignore this order your goods may be removed and sold or other enforcement proceedings may be taken out against you.

    It is a debt originally from Nationwide but passed about and ended with Lowell which was over 6 years ago. Lowell have been chasing for years but i just ignored the letters as advised by someone but now this has turned up.
    I am self employed and do not earn much at all at the moment and my wife only works part time, 16 hours.
    Any advice gratefully received or is it too late now? Who should i contact?
    Tags: None

  • #2
    Re: Judment for Claimant

    Did you receive the details of the court claim in advance?

    Comment


    • #3
      Re: Judment for Claimant

      I got them late, sent to wrong address. I know i should have replied but have had a lot of personal and financial problems, so forgot about it, my fault i know.

      Comment


      • #4
        Re: Judment for Claimant

        Originally posted by drees5761 View Post
        I got them late, sent to wrong address. I know i should have replied but have had a lot of personal and financial problems, so forgot about it, my fault i know.
        Sent to the wrong address?

        Can you clarify this point

        Was it, sent to the wrong address as in an address you have never lived at? if so, is the address the correct address but just sent to the wrong address or is the address on the Claim form the wrong address

        and secondly, if you have resided at the address on the Claim, when did you move from there, and did you tell the Claimant you had moved?

        Its important to establish the facts, as the Civil Procedure Rules may provide you with an automatic right to set aside Judgment but that depends on what you say in reply to the above
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #5
          Re: Judment for Claimant

          I live in a converted house, it has 3 flats, i am flat 3, but it went to one of the other flats so i did not get it until a number of days later (the occupant was way). my address is flat 3 , 93, but the letter just says 93.

          Comment


          • #6
            Re: Judment for Claimant

            Originally posted by drees5761 View Post
            I live in a converted house, it has 3 flats, i am flat 3, but it went to one of the other flats so i did not get it until a number of days later (the occupant was way). my address is flat 3 , 93, but the letter just says 93.
            So the Claim form says 93 where as it should have read "Flat 3, 93..."

            Most important, did the Claimant who issued the Claim know that your address was "Flat 3, 93............"?
            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Pt@roachpittis.co.uk .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment


            • #7
              Re: Judment for Claimant

              I think so, why shouldn't they. Does that matter? The Judgment for Claimant definitely says just 93. Flat 3, 93 is the one on the electoral role.

              Comment


              • #8
                Re: Judment for Claimant

                Originally posted by drees5761 View Post
                I think so, why shouldn't they. Does that matter?
                Very much so, if a party issues a claim he must make sure the correct address for service is used, unless of course he only has "93" as the main address. However if you can prove that they have the full address, then you may have a challenge to set the judgment aside.

                It may well be if service of the claim was defective, then the judgment MUST be set aside.
                I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                If you need to contact me please email me on Pt@roachpittis.co.uk .

                I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                You can also follow my blog on consumer credit here.

                Comment


                • #9
                  Re: Judment for Claimant

                  Am sending off a N244 form to to court to try and get it set aside as i am sure it statute barred, went through old bank statements and the last payment made regarding this debt was April 2007 via a debt management company called CCCS.
                  What sort of timescale do i have, wife is terrified bailiffs might turn up at the door.

                  Comment


                  • #10
                    Re: Judment for Claimant

                    Apply for a setaside based on the wrong address details and you should get it, particularly if you show you have been sent previous letters etc from the claimant or original creditor correctly addressed. There is a bit of guidance http://www.legalbeagles.info/forums/...plicaton-notes which should help you. If you need a hand with the wording etc then just post up what you have and someone will look it over see if there's anything else could be added.


                    CCCS is now stepchange and they are a offer free debt management programmes. Do you recall why payments stopped being made from them ? Do you have letters etc from them as evidence the plan was cancelled/ended ?

                    Stat Barred is a good defence if you are absolutely certain that was the last contact you had.
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Re: Judment for Claimant

                      We stopped paying CCCS because 1, some of the debts on the list were cleared and 2, we just could not afford to continue the ongoing payments.
                      I spent hours going through my old bank statements online and as far as could see the last payment made by us, to CCCS was April 2007.

                      Comment


                      • #12
                        Re: Judment for Claimant

                        Any idea how long i will have to wait to hear back regards my N244 form, as its getting close to the date when BW Legal said i should contact them by.

                        Comment


                        • #13
                          Re: Judment for Claimant

                          The N244 should halt any enforcement action being taken but maybe give the court a buzz and see if they have it logged on their systems and a guestimate how long it might take to be looked at.
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #14
                            Re: Judment for Claimant

                            If you are to pursue the Limitation Act issue you need to be really careful on the dates. If the last date of payment was April 2007, the proceedings may well have been issued within the limitation period given that you received Judgment on 17th May.

                            Comment


                            • #15
                              Re: Judment for Claimant

                              I think the debt would have been defaulted long before if payments were being made through a DMP with CCCS, so the April 2007 payment could quite confidently be taken as the last acknowledgement. If Judgment was given in default in May 2014, then it's likely to have been issue earliest really October/November 2013 so I think thats well outside the SB dates.
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

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