Recived a court claim I thought was over with .

[radio man]

Good Morning,

I received a court claim last week for only a small amount just over £300 the original debt was for over 7k, I sent the papers back the court over a year ago and heard nothing till last week .
This was a shock I intend to have the judgement set aside and defend the case as the original
date on the default notice was the year before the one entered on my credit file .
The DCA involved I don't believe have the correct papers to this case as i only heard from them
In the last 2 months before it became statute barred .

On the court summons the claimant says This is an Installment of a debt owed with no figure
as to the full debt .

the court have entered a judgement against me for this small amount my question is what did i need to send to the court in order to have it set aside .

I would be really grateful of any advice that could be given

thank you radio man

[Celestine]

Re: Recived a court claim I thought was over with .

Hi Radio Man

I'm a little confused....
You've received a court claim or a judgment?

Can you do a timeline please, that would help hugely.

If this is a judgment and this is the first you've heard of it in a year, then you can still apply to have it set aside.

Look forward to hearing more x

Welcome to Legal Beagles :beagle:

[radio man]

Re: Recived a court claim I thought was over with .

Good Morning,

I received a court claim last week for only a small amount just over £300 the original debt was for over 7k, I sent the papers back the court over a year ago and heard nothing till last week .
This was a shock I intend to have the judgement set aside and defend the case as the original
date on the default notice was the year before the one entered on my credit file .
The DCA involved I don't believe have the correct papers to this case as i only heard from them
In the last 2 months before it became statute barred .



On the court summons the claimant says This is an Installment of a debt owed with no figure
as to the full debt .

the court have entered a judgement against me for this small amount my question is what did i need to send to the court in order to have it set aside .

I would be really grateful of any advice that could be given

thank you radio man

Sorry to confuse you I tried to get all the information i could in the post.

Well yes I received judgment last week for just over £300 but on the court papers it says it is an installment of a debt owed with no total figure , now i know if i pay it will restart the six years .
I am going to ask for the judgment to be set aside as you said but what do i put on the form i have from the court for defence , the dca involved only wrote to me in the last six months before the court case . I believe the statute barred date was earlier than the one on my credit file and have the original default notice from barclaycard which was 6 months earlier than the one on my credit file .

the judgment was entered on the 20th august so i have one month before it stays on my record one problem i do have I go on holiday this friday for 7 days so need to have al least applied for the set aside,
I also intend to write to the DCA with a request for Information is that a good idea ?

any help at all would be great and thank you for the reply

Regards Radio Man

[bluebottle]

Re: Recived a court claim I thought was over with .

It sounds to me like the DCA or OC has mislead the court. Check into this very thoroughly.

[ploddertom]

Re: Recived a court claim I thought was over with .

Not a certain Mr Carter & his nefarious split claims is it.

[radio man]

Re: Recived a court claim I thought was over with .

Not a certain Mr Carter & his nefarious split claims is it.

why would i tell you ? DCA have been known to frequent forums to ,

just straightforward advice would be fine thank you

[Celestine]

Re: Recived a court claim I thought was over with .

why would i tell you ? DCA have been known to frequent forums to ,

just straightforward advice would be fine thank you

Ermm DCA's do read these forums but they rarely try to help out........

It would actually assist to know which DCA is involved so advice can be tailored to known conduct of that individual firm.

Given that everyone here is helping out for free, I'd recommend a different response to future replies that you may ...or may not receive.

[Bill-K]

Re: Recived a court claim I thought was over with .

Hi Radioman. Your response to Ploddertom was perhaps understandable, as it IS known that DCA's check out these forums, and as you have only just joined us here, then you will not be familiar with who are 'trusty's' here, and who are not. A good guide is the number of posts those members have made. Another check you can make is to view any member's posts over a period of time, and make your own judgement on those.

As Celestine says, we need to ask questions, because we have a wealth of experience of these guys, and knowing exactly who we are dealing with gives us - and you - the edge.

It IS important, of course, to make sure that you cannot be personally identified by your posts, so please be vigilant in that respect - especially if you post up any scanned documents. We all have to tread carefully, and be wary. As a stranger here, then you will naturally be very wary, of course - and you will not know who is who.

It is always a good idea to spend some time reading around a forum, and acquiring knowledge which pertains to our problem. In doing so, we become familiar with those whom we can trust - and we also acquire knowledge as to what we should do in our particular case.

Have a good read around, Radioman, and familiarise yourself with LB. We are here to help you - but you need to check things out, yourself. It's all here.

Please also bear in mind that DCA's may well post in these forums as new members such as yourself - just to see what our advice would be !!! Think about it.

[radio man]

Re: Recived a court claim I thought was over with .

Not a certain Mr Carter & his nefarious split claims is it.

Sorry Mr ploddertom I have been vey stressed over this as you can Imagine I dont know who Mr Carter Is to be honest

Anyway to bring you upto date , I applied for the case to be set aside in september and sent the evidence I have to the court
In Northampton, and received notice back that it have been moved to my local court to be heard late november .

I yesterday received a letter from there solicitors and it goes like this

without prejudice save as to costs

We are in receipt of your application to set judgment aside dated ******* . In the interest of minimising costs and time, our client is willing to consent to your application to set aside judgement and discontinue the claim against you,
On condition you do not seek any costs against our client .

If you agree we can incorporate terms of settlement in a draft consent order before requesting the court to seal the order .

we trust you will view this a a reasonable offer and in the spirit of settlement hope this matter can be concluded.

Now I am happy with this but the without Prejudice at the top of the letter worries me am I correct in thinking
the judgement would be set aside and removed from my credit file ??

Any Views on this letter would be appreciated and I will also name to company concerened later


Thanks Radio Man

[radio man]

Re: Recived a court claim I thought was over with .

Hi Radioman. Your response to Ploddertom was perhaps understandable, as it IS known that DCA's check out these forums, and as you have only just joined us here, then you will not be familiar with who are 'trusty's' here, and who are not. A good guide is the number of posts those members have made. Another check you can make is to view any member's posts over a period of time, and make your own judgement on those.

As Celestine says, we need to ask questions, because we have a wealth of experience of these guys, and knowing exactly who we are dealing with gives us - and you - the edge.

It IS important, of course, to make sure that you cannot be personally identified by your posts, so please be vigilant in that respect - especially if you post up any scanned documents. We all have to tread carefully, and be wary. As a stranger here, then you will naturally be very wary, of course - and you will not know who is who.

It is always a good idea to spend some time reading around a forum, and acquiring knowledge which pertains to our problem. In doing so, we become familiar with those whom we can trust - and we also acquire knowledge as to what we should do in our particular case.

Have a good read around, Radioman, and familiarise yourself with LB. We are here to help you - but you need to check things out, yourself. It's all here.

Please also bear in mind that DCA's may well post in these forums as new members such as yourself - just to see what our advice would be !!! Think about it.

I do appologise Mr BILL-K,

I was just trying as you say not to give to much away what do you think of the above post please

regards Radio Man

[alham]

Re: Recived a court claim I thought was over with .

Hi RM. Sounds great. But be careful. First,"without prejudice" means that this correspondence will not be presented to court, so anything you say in response, if it carries "WP" at the top of the letter, is just between you and them. Second do not vacate your date until you have a sealed order. They are prepared to settle, HOWEVER their offer to prepare draft order should be taken with a pinch of salt even if accepted.When is your court date? Make sure that you have PLENTY of time to review the order, make changes, review changed document and only ONCE the order has been sealed by the court, vacate your date and sign a separate undertaking not to seek costs against their client.

[miliitant]

Re: Recived a court claim I thought was over with .

This smells of uncle bryan splitting his claim again which he knows is unlawful and contrary to practice direction

in other words

uncle bryan is going for his costs first then you will be hit with a new claim for the remaning balance later

i would pay the £300 within 28 days or uncle bryan would then follow up with the remaning 7 k owing by another claim and you signing the consent order negates that. It seems uncle bryan knows he has been rumbled. You cant be sued for the same debt twice

please confirm this is bryan carter solicitors as it is important as he is well known for this

[radio man]

Re: Recived a court claim I thought was over with .

Hi Alham ,

I am going to send this letter back on your advice please let me know what you think ???

Without Prejudice to see draft order

Dear sir I am willing to accept your offer but wish to see the draft order so any changes that need to be made can be done in time and theorder sealed for the court. I am not prepared at this time to vacate my court date.

[miliitant]

Re: Recived a court claim I thought was over with .

can i ask, was any defence exchanged or allocation on the original claim prior to the ccj

the secret is not to tip off the solicitors as you can kiss 7 grand goodbye otherwise

under the circumstance, a draft order without prejudice will show a sign of weakness

what would you rather have to pay

pay the £300 within 7 days and no ccj and no 7 k debt

or be hit with a new claim six months down the line

the consent order does not stop the solicitors going for a new claim later on, but will stop you on any counter claim

[radio man]

Re: Recived a court claim I thought was over with .

OK but then it will be statue barred surely as it is over six years old