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Judgement for Claimant (in default)

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  • Judgement for Claimant (in default)

    Received a claim? Yes/No: YES

    Issue Date: 21-JUN-2019

    Have you Acknowledged the Claim?: NO

    Total Amount Claimed : £10,200.00

    Claimant’s Name: ARROW GLOBAL GUERNSEY LIMITED

    Solicitors Firm: DRYDEN LIMITED

    Original Creditor: MBNA

    Original Debt (eg. Credit card/Loan/Overdraft) : CREDIT CARD

    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): YOU HAVE NOT REPLIED TO THE CLAIM FORM. IT IS THEREFORE ORDERED THAT YOU MUST PAY THE CLAIMANT £XXXX.XX FOR DEBT [AND INTEREST TO DATE OF JUDGEMENT] AND £XXX.XX FOR COSTS [LESS £X WHICH YOU HAVE ALREADY PAID]
    YOU MUST PAY THE CLAIMANT A TOTAL OF £XX,XXX.XX FORTHWITH


    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): NOT SB (see below)

    List any letters you have sent (eg: CCA/ CPR ): NONE

    Any Other Information or Background Details: This original debt occured in 2010 following 2 x redundancies in 12 months and a period of 10 months unemployment. I spoke to my creditors and had the interest stopped and agreed to pay them a nominal £X.XX per month which has continued until last month. Due to this intervention from drydenfairfax, I have stopped this payment.

    I found permanent employment in 2011 and continue to work despite a further redundancy in the meantime!

    I did not respond to the original letter from drydenfairfax as it seemed very amateurish with poor quality printing/photocopying.

    Now I have received this Judgement for Claimant (in default) and would appreciate some guidance and advice about action I should now take.

    Regards,

    robbit_2003
    Tags: None

  • #2
    There nothing really that you can do as you appear to have ignored letters from the court.

    The amateurish letter was probably the claim form from the court.

    Comment


    • #3
      Presumably this is a default judgment issued 21st June?
      You appear to have leapt from an unspecified 'intervention by DF' to the CCJ.
      What occurred during the interim? (letters? Notice of assignment?, letter before action/county court claim?, pre-action protocol? etc)
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        I had a letter before action (I think) but I work away from home most of the time and did not respond. To be honest I thought it was just a threat as the debt is old and I have been making regular payments to Global Credit. However, I have just returned to this default judgement.

        Comment


        • #5
          Originally posted by robbit_2003 View Post
          I had a letter before action (I think) but I work away from home most of the time and did not respond. To be honest I thought it was just a threat as the debt is old and I have been making regular payments to Global Credit. However, I have just returned to this default judgement.
          Did you receive a court claim?
          If so, was it via Money Claim Online? (Ie via Northampton County Court Business Centre.)
          Last edited by charitynjw; 30th June 2019, 14:11:PM.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            I did received a N1SDTClaim Form (04.14), a N9SDT Response pack (04.14), N9A (SDT) Form of admission (specified amount)(04.14) and N9B (SDT) Defence and Counterclaim (specified amount)(04.14).
            These were quite bad laser copies (the court crest was not clear) and the court stamp was a photocopy not ink but I presume these were legit because the CCJ is alreadyon my credit file.

            Comment


            • #7
              Originally posted by robbit_2003 View Post
              .............. but I presume these were legit because the CCJ is alreadyon my credit file.
              It would seem so.
              Imho, I think you've probably blown it now as regards a set-aside.
              The claim form seems to have been served in accordance with CPR (despite possible jurisdiction issues, which are now probably waived.)
              But I'll give others a nudge for further comment/views.

              Amethyst

              pt2537

              jaguarsuk

              R0b
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Originally posted by robbit_2003 View Post
                I did received a N1SDTClaim Form (04.14), a N9SDT Response pack (04.14), N9A (SDT) Form of admission (specified amount)(04.14) and N9B (SDT) Defence and Counterclaim (specified amount)(04.14).
                These were quite bad laser copies (the court crest was not clear) and the court stamp was a photocopy not ink but I presume these were legit because the CCJ is alreadyon my credit file.
                I've said this a few times on the forum that it amazes me people think that the court papers weren't legitimate simply because of the quality of the paper or printing that they receive. Anything that has a reference to a court claim should be taken seriously and even if you didn't think it was legitimate, you should have carried out your own due diligence - had you done so, you would have realised that these papers were in fact legitimate.

                It may be possible to set aside if you can convince the court that there is some other good reason why they should do so but since the claim is not statute barred and you received the papers but ignored them, it's probably going to take some convincing.

                Nothing you've said screams out other than the usual things such as the validity of the assignment and whether Arrow has a right to bring the claim in their own name. Not sure that would be convincing enough but that's a risk you'd have to take if you wanted it set aside. Maybe Arrow has exercised their rights unfairly and you could have some argument over that but I don't think there's sufficient information given by you to prove that.
                Check out some useful guides below

                A guide to voluntary termination
                Seting aside a CCJ
                Completing an N180 Form (Courtesy of Jaguarsuk)

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                LEGAL DISCLAIMER
                Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

                Comment

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                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 ...
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                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.




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