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Hello everyone I am new to this forum and would be grateful for any help with the following situation as follows:
I have had a legal money claim made against me as I am a sole trading business owner. The claimant was claiming just over 6k snd the court judgement has been made for £2300 including court costs. I only found out about the hearing 1 working day before the hearing and despite a request via email from me to the court to defer the hearing the case was heard and judgement made without me being able to provide and defence or attend the hearing.
Background of the case
During the early notification period I received an email from the County court stating the claim and that the court will be in contact within 10 days should they require any further information .
A few month passed and I heard nothing further via email therefore I assumed the case was going nowhere .
Unknown to me the case did progress as follows :
Initially the court refused the claimants claim due to insufficient details/specification and allowed the claimant a further 7 days to provide specifc financial breakdown of the alledged losses incurred. The claimant provided the detailed summary and sent to the court.
Unfortunately I was unaware of this correspondence or any other correspondece from the court as all correspondence was being sent to my UK mail box address (provided by the claimant) of which is a business mail box address (as i am not resident in the UK) . By the time I checked my mail box it was the Friday before the hearing date fixed for the Monday.
Judgment was made and I contacted the court and was advised to complete form n244 and pay £275 and request the case to be set aside and a new hearing date .
Both were refused and the court allowed the judgement to continue.
I subsequently received correspondence from the court stating that time would be given to apply for permission to appeal against the order however having contacted the court a staff member stated that as I had not attended the hearing then there is nothing to appeal and that I should apply via form N164 and pay £108 requesting a new hearing ?
I am unsure what to do here as i find myself on the receiving end of conflicting information and therefore I am now totally confused. I have until 21st Dec to apply to the court with some sort of appeal however I am unsure what to do.
In the meantime the claimant has farmed out the ccj debt value to a collection agent who Is now increasing the amount due by adding on percentages and costs and the whole thing is getting completely out of hand now.
Apologies for the long winded summary but I am very unsure where I go from here .
I still think the case has been processed incorrectly by the court due the following:
1. I am not a UK resident
2. The Address used by the claimant to the court is a business mail box address and i was unaware /did not receive the court papers until one day before a hearing that i knew nothing about
3. I have not had the opportunity to defend this claim.
4. I have a reviously signed contract by the claimant that completely removes any liability against me however this has not been seen by the court due to no hearing attendance.
Can anyone advise what I should do now . How do I get the court to allow this case to be heard correctly?
can the debt collection be placed on hold until a decision to allow a hearing is made.
Thank you in advance for any assistance /advice
I have had a legal money claim made against me as I am a sole trading business owner. The claimant was claiming just over 6k snd the court judgement has been made for £2300 including court costs. I only found out about the hearing 1 working day before the hearing and despite a request via email from me to the court to defer the hearing the case was heard and judgement made without me being able to provide and defence or attend the hearing.
Background of the case
During the early notification period I received an email from the County court stating the claim and that the court will be in contact within 10 days should they require any further information .
A few month passed and I heard nothing further via email therefore I assumed the case was going nowhere .
Unknown to me the case did progress as follows :
Initially the court refused the claimants claim due to insufficient details/specification and allowed the claimant a further 7 days to provide specifc financial breakdown of the alledged losses incurred. The claimant provided the detailed summary and sent to the court.
Unfortunately I was unaware of this correspondence or any other correspondece from the court as all correspondence was being sent to my UK mail box address (provided by the claimant) of which is a business mail box address (as i am not resident in the UK) . By the time I checked my mail box it was the Friday before the hearing date fixed for the Monday.
Judgment was made and I contacted the court and was advised to complete form n244 and pay £275 and request the case to be set aside and a new hearing date .
Both were refused and the court allowed the judgement to continue.
I subsequently received correspondence from the court stating that time would be given to apply for permission to appeal against the order however having contacted the court a staff member stated that as I had not attended the hearing then there is nothing to appeal and that I should apply via form N164 and pay £108 requesting a new hearing ?
I am unsure what to do here as i find myself on the receiving end of conflicting information and therefore I am now totally confused. I have until 21st Dec to apply to the court with some sort of appeal however I am unsure what to do.
In the meantime the claimant has farmed out the ccj debt value to a collection agent who Is now increasing the amount due by adding on percentages and costs and the whole thing is getting completely out of hand now.
Apologies for the long winded summary but I am very unsure where I go from here .
I still think the case has been processed incorrectly by the court due the following:
1. I am not a UK resident
2. The Address used by the claimant to the court is a business mail box address and i was unaware /did not receive the court papers until one day before a hearing that i knew nothing about
3. I have not had the opportunity to defend this claim.
4. I have a reviously signed contract by the claimant that completely removes any liability against me however this has not been seen by the court due to no hearing attendance.
Can anyone advise what I should do now . How do I get the court to allow this case to be heard correctly?
can the debt collection be placed on hold until a decision to allow a hearing is made.
Thank you in advance for any assistance /advice
