** WON ** asset collection & investigations vs IMNOTPAYINGYOU

[Imnotpayingyou]

Amethyst Hi

That is good there is some time to go and should I ask for a copy of the Directions questionnaire from them ?

Does the defendant win by default if the claimant doesn't turn up ? But it is very good to hear they lost !

I have not received any letters or emails at all from Asset, I have not heard of TM legal or received any letters from this company to

[Amethyst]

No he doesn't win by default if the claimant doesn't show up but if they fail to do witness statements or turn up they don't have much chance of succeeding in their claim and risk being struck out or their claim being dismissed. Always follow court orders and procedures as if they will attend
The claimant should have sent you a copy and of their dq - did you send them a copy of yours? If so then yes give court a call and ask for copy - they might tell you to contact claimant for a copy tho and it's unlikely to say a lot so may not be worth nudging then over - mention it in your witness statement maybe.
thanks for checking on tm legal

[Imnotpayingyou]

Hi all

So I did receive a letter saying the claimant should pay the court trial fee of £55 by a certain date or the case would get struck out. I phoned up the court on 2nd July and they told me the payment had not been made. I have not received any letters so decided to call again on Friday and spoke to someone who advised that the claimant had payed :s so a hearing will take place on the 26th of this month.

I have sent the claimant my copy of the DQ but they did not send me a copy of theirs. I have a bit of a problem as I was made redundant about 6 weeks ago and just managed to secured a new job which the training starts on the same week as the trial so most likely will not be able to attend. I will try to get time off to attend though

What steps should I take to prepare for court.

Thanks

[GBExile]

What have you heard from the FOS about your complaint?

[Imnotpayingyou]

What have you heard from the FOS about your complaint?

Hi

I was out of time with a complaint to the FOS.

Thanks

[Imnotpayingyou]

Hi,

any advice of how to put in a defence etc

Thanks

[GBExile]

Hi,

any advice of how to put in a defence etc

Thanks

https://legalbeagles.info/library/gu...-court-claims/

[Imnotpayingyou]

https://legalbeagles.info/library/gu...-court-claims/

Hi

According to the last letter I received I had to hand in any documents 1 week before the hearing date. So I hand delivered my evidence to the case along with a apology for not being able to attend the case already. Will leave it down to the Judge now.

If i do lose what kind of fine / payment would I expect to pay also would I get a CCJ or is there a way to stop / delay getting a CCJ filed

Thakns

[davenewbergr]

Hi

According to the last letter I received I had to hand in any documents 1 week before the hearing date. So I hand delivered my evidence to the case along with a apology for not being able to attend the case already. Will leave it down to the Judge now.

If i do lose what kind of fine / payment would I expect to pay also would I get a CCJ or is there a way to stop / delay getting a CCJ filed

Thakns

I hope it doesn't come across as being snitty, but when involved in court cases - and that includes seeking help on the internet - you need to write a lot more clearly and proof read what you write. It wastes time and effort when everyone has to ask 'what do you mean'?

No-one is required to 'hand in' documents; parties are instructed to file, serve, or file and serve, in the course of proceedings. You file with the court or tribunal, you serve on other parties. Did you both file and serve the documents you say you 'handed in'? If you filed but did not serve, you must serve ASAP in order to avoid worse problems.

When you say 'not being able to attend the case already', do you mean 'failed to attend previous hearings'? If so, you should be prepared to justify your failure at the next hearing. If you have evidence - such as travel receipts or a hospital appointment letter - take them with you in case the court asks to see them.

When people refer to a 'CCJ' they are actually referring to the registration of an unpaid County Court judgment debt. The actual judgment can only be avoided by successfully defending the claim. If you don't defend successfully and you are subject to an order to pay monies, then the only way to avoid the registration of an unpaid CCJ debt is to pay within 14 days, or to ask the Court for time to pay.

If you want time to pay, or think you might, then download a 'means' form from the Courts and Tribunals website and fill it out. The court will be able to see what your income, outgoings, and liquid assets are, and can decide whether it would be fair and just for the claimant to have to wait for his money. That is, if your net cash flow or net asset position is reasonably healthy, there's no reason to make him wait and your request for time to pay will be refused.

[Imnotpayingyou]

I hope it doesn't come across as being snitty, but when involved in court cases - and that includes seeking help on the internet - you need to write a lot more clearly and proof read what you write. It wastes time and effort when everyone has to ask 'what do you mean'?

No-one is required to 'hand in' documents; parties are instructed to file, serve, or file and serve, in the course of proceedings. You file with the court or tribunal, you serve on other parties. Did you both file and serve the documents you say you 'handed in'? If you filed but did not serve, you must serve ASAP in order to avoid worse problems.

When you say 'not being able to attend the case already', do you mean 'failed to attend previous hearings'? If so, you should be prepared to justify your failure at the next hearing. If you have evidence - such as travel receipts or a hospital appointment letter - take them with you in case the court asks to see them.

When people refer to a 'CCJ' they are actually referring to the registration of an unpaid County Court judgment debt. The actual judgment can only be avoided by successfully defending the claim. If you don't defend successfully and you are subject to an order to pay monies, then the only way to avoid the registration of an unpaid CCJ debt is to pay within 14 days, or to ask the Court for time to pay.

If you want time to pay, or think you might, then download a 'means' form from the Courts and Tribunals website and fill it out. The court will be able to see what your income, outgoings, and liquid assets are, and can decide whether it would be fair and just for the claimant to have to wait for his money. That is, if your net cash flow or net asset position is reasonably healthy, there's no reason to make him wait and your request for time to pay will be refused.

Hello

I have filed with the court but not served the other party with my witness statement but have sent them all other documentation and have proof of postage.. The other party have not sent me any documentation at all. Should I send them my witness statement tomorrow in first class post ?

The hearing starts next week and I have informed the court in writing that I can not attend and I have provided the court with all my evidence. To be honest I just want the court to make a decision next week so I can get this over and done with if I win or lose.

So basically I have to pay in full whatever the court says if I lose within 14 days and the company will not be able to file a CCJ against me, I guess this will be the worst case scenario for me. Do you know if the court add any extra fees if i lose ?

Thanks

[MIKE770]

court instruction to supply witness statements to the other side

[Imnotpayingyou]

the judge struck the claim out
I did not even attend, I am waiting for the letter to come through but I have just spoken to the court on the phone.
Thanks Amethyst

[GBExile]

the judge struck the claim out
I did not even attend, I am waiting for the letter to come through but I have just spoken to the court on the phone.
Thanks Amethyst

Well done. Asset Collections are a bunch of the proverbial. I doubt they actually win any cases without the defendant being in default.

[Amethyst]

OOOO lovely jubbly, sorry I've only just seen this, thanks GBExile for bumping it up - that's brilliant news !!! Post up a copy of the judgment when you get it xxxxx

CONGRATULATIONS !!!!!

[Imnotpayingyou]

I know its a bit late but attached is a copy of the judgement !

Looks like round 2 is about to start,