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Court Civil Claim

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  • Court Civil Claim

    Hi there, you recently kindly advised me on a matter regarding the Claimant's actions following a General Form of Judgement or Order given, ordering payment by monthly instalment. The Claimant is persisting in being unpleasant despite my first instalment having been received promptly? I've pasted below an email I have sent to the County Court as I just don't know what to do. Please can you kindly offer any help or advice, I'm so distressed by this individuals clear bitterness & just want to protect myself. Thanks in advance.

    Dear Sirs,

    I am making contact in regard to the above claim of which I am the Defendant.

    I wish to ask if you will kindly file this further communication with the claim please.

    I have had an unneccesarily very distressing experience with the Claimant.

    A General Form of Judgement Order was given on the 24th February 2021 to repay the claim plus costs & interest by instalments of £300.00 proposed by the Claimant & agreed by myself. The first instalment due 24th March 2021 has been paid promptly as per the Order & received into the Claimant's bank account, the account details provided by the Claimant.

    13 days after payment has been made I have received a communication I forwarded to yourselves from the Claimant, advising me that if I don't pay £300.00 by the end of this week, bailiff's will be appointed?!?

    I responded & provided proof of payment which I also forwarded to yourselves. My bank have confirmed payment was sent successfully & as a belts & braces have also commenced a payment trace. My payment has been received & evidenced.

    I have received the same message last evening from the claimant advising if £300.00 isn't received by the end of this week, bailiffs will be appointed? To enforce what? My instalments are up to date?

    Furthermore, I have now just this morning, received no message, just an attachment entitled 'Fraud by False representation?' From the Claimant. I am bemused & deeply distressed by the behaviour & attempted actions to damage & distress me. The Claimant has received payment as per the Order given?

    I'm not asking for advice, I would just be most grateful if you will retain the information on the claim file please in relation to the matter. Many thanks.

    Yours Faithfully,

    Gillian Marriott



    Sent from Samsung Mobile on O2

    Tags: None

  • #2
    If you are lucky the court will add your letter to the court file on the case, but if you find yourself in court in the future and needing that document, don't count your chickens that the court will be able to find it!
    What's more, the letter on it's own won't be much proof of anything.
    Keeping accurate records of everything, contemporaneously (ie at the time that something happened - put it in your phone's calendar or in a physical diary) is always a good idea and means that when you are telling a court what happened, and you can say that you are relying on notes made at the time, the court is more likley to believe you.
    The court won't really be interested in any of it unless and until someone files a claim.
    If a further claim is filed against you, you must of course decide what to do with it accordingly.
    It may be that the circumstances give you a cause of action, but again, the court won't be interested unless you file a claim.
    I have no idea if you do or don't have a cause of action as I don't know the detailed circumstances.

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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