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Hi
I received an attachment of earnings order relating to an unpaid debt. Having not recieved the original judgement as I had moved and the company who were aware I'd moved sent it to the wrong address. I paid the fee and filed to have judgement set aside on non receipt and also the amount claimed with original lender was in dispute and they had failed to provide me with statements etc.
The judge ordered it to be set aside and ordered the amount to be determined/assessed by the court in a later disposal hearing.
my defence was pretty weak not that it wasn't genuine but relied on information I no longer have due to house move and electronic records ie emails I no longer have access to, naturally this played into the claimants hands. if nothing else at last they did provide statements of account which I've been chasing for over 12 months.
whilst the judge was very sympathetic and understood the dispute their just wasnt enough physical proof for him to alter the amount owed which i have to respect.
However he ordered to pay their costs for original set aside judgement attendance etc and this disposal hearing... also informed original judgement and date entered stands...does this sound right?
theres naturally events in between with how it got to this and just blatant lack of co operation from the claimants which i am more than happy to expand on but im at a loss with paying all their costs and judgement now appearing not set aside?
I received an attachment of earnings order relating to an unpaid debt. Having not recieved the original judgement as I had moved and the company who were aware I'd moved sent it to the wrong address. I paid the fee and filed to have judgement set aside on non receipt and also the amount claimed with original lender was in dispute and they had failed to provide me with statements etc.
The judge ordered it to be set aside and ordered the amount to be determined/assessed by the court in a later disposal hearing.
my defence was pretty weak not that it wasn't genuine but relied on information I no longer have due to house move and electronic records ie emails I no longer have access to, naturally this played into the claimants hands. if nothing else at last they did provide statements of account which I've been chasing for over 12 months.
whilst the judge was very sympathetic and understood the dispute their just wasnt enough physical proof for him to alter the amount owed which i have to respect.
However he ordered to pay their costs for original set aside judgement attendance etc and this disposal hearing... also informed original judgement and date entered stands...does this sound right?
theres naturally events in between with how it got to this and just blatant lack of co operation from the claimants which i am more than happy to expand on but im at a loss with paying all their costs and judgement now appearing not set aside?
