Judgment for claimant...advice please

[carts69]

Hello, just looking for some advice please, I received a claim form for a debt which was owed from some years ago, (maybe more than 6 years)? Halifax i borrowed from but on the claim for it stated LLoyds banking group, which I have never borrowed from!
The story is, I received the claim form & failed to fill it out & return it, I have now received a Judgment for claimant form & unsure what actions I should be taking, im almost certain this debt is older than 6 years but feel I need advice on what actions I should be taking before this gets any worse? Thanks in advance

[FlamingParrot]

Re: Judgment for claimant...advice please

Hi and welcome!

Halifax is part of the Lloyds banking group: http://www.lloydsbankinggroup-career...p-halifax.html

I may be possible to have the judgment set aside, although if you DID receive the claim form, you'll need to have a good reason not to have filled it in and 'returned it', :confused2: since it something you could do online. :typing: You may have an argument if you were away, ill, in hospital, etc. and missed the deadline for that reason. You also need to have a solid defence, if you are positive the debt would be SBd, that is an absolute defence. You'll need to apply for set aside using an N244 form and there's an £80 fee.

You may want to look at this for reference: http://www.nationaldebtline.co.uk/en...e_county_court

[carts69]

Re: Judgment for claimant...advice please

Thanks for the quick reply, im not certain its 6 years old but feel its around that time, is it worth the gamble getting it set aside, I am currently on a low income & receiving tax credits, is there a way I can pay this 6k debt on manageable installments if I apply to the courts? really stuck on what to do for the best?

[FlamingParrot]

Re: Judgment for claimant...advice please

Thanks for the quick reply, im not certain its 6 years old but feel its around that time, is it worth the gamble getting it set aside, I am currently on a low income & receiving tax credits, is there a way I can pay this 6k debt on manageable installments if I apply to the courts? really stuck on what to do for the best?

Up to you whether you want to try for set aside, no guarantee the court will accept it but it's £80 vs £6k. :decision:

Yes, you can arrange to pay in manageable installments backed by a suitable income and expenditure form. Even a judge can't make you pay what you haven't got, some people on benefits/low incomes pay just £1 a month into their CCJs. This is a useful budgeting tool: http://mymoney.nedcab.org.uk/moneyadvice/quickfs.asp

What does the judgment say, does it say you have to pay the full amount?

[carts69]

Re: Judgment for claimant...advice please

Yes I need to pay the full amount plus £320 costs, ok... so if I manage to get it set aside, I would receive another claim form, correct? on the form in the defence section I would simply state what?? I believe this debt to be statute barred, or am I able to pull the strings & get the dca to prove the debt is mine & they infact carry the relevant info on me as it has passed through a few dca's over the years?
Just want all the information I can get before I ring the courts? Thanks

[maverick67]

Re: Judgment for claimant...advice please

Does the form not give any details of when the debt occurred? - No you have any access to your credit file ?

I have read here on the forum in some circumstances it can be unwise to open a fresh account with a credit file company, however if you don't have much to hide it should give details on your file what and when etc

[carts69]

Re: Judgment for claimant...advice please

No details on any of the forms showing any dates for this debt! so where would be the best to search my credit file?

[maverick67]

Re: Judgment for claimant...advice please

If you google for Noodle credit check you will find a free credit report, but to be 100% clear by joining any form of credit reference company you will be giving them up to date contact information, which could if you are in arrears with others give them up to date info on you.

[FlamingParrot]

Re: Judgment for claimant...advice please

With regards to credit files, they can give you an approximate idea but not a definitive one. In theory and according to the guidance, defaults should be recorded between 3 and 6 months after your first missed payment. They will drop off 6 years after being recorded. If the debt is SBd, the default may well have dropped off by now, unless the default was recorded late. That does happen. Also not all creditors report to all the CRAs, some people find a default on, say, Equifax but not on the others.

Looking at your credit files can have the effect of awakening sleeping dogs who may want to start chasing you, that's why I don't check mine. :thumb:

You could consider sending a SAR to get hold of your statements. It will cost you £10 + postage and they have 40 days to respond.

[carts69]

Re: Judgment for claimant...advice please

Thanks for all the info, regarding the credit file.. I have filled in my details & currently waiting for a security key before I can access my files, is this gone too far now or when the search is complete? There may be sleeping dog that I don't wish to awake, so if I choose not to enter the search am I still off the radar or have I crossed the line entering my address in the sign up process?
Also regarding the SAR, as im new to all this, can you explain what it is/how do I apply? Also.. how long do I have to make contact on the Judgment form before further action is taken? Thanks

[carts69]

Re: Judgment for claimant...advice please

Just found out about SAR, not sure I have time for that now with a judgment form in front of me, seems I may need to bite the bullet & contact the court & tell them I cant afford to pay & try for bite size installments, only working part time & don't have much of an income, would this be wise?

[maverick67]

Re: Judgment for claimant...advice please

Can I also suggest that if you are worried about your house in anyway speak to the charity Shelter than will advise you on what can and cannot be done.

[Gorang]

Re: Judgment for claimant...advice please

Hello, just looking for some advice please, I received a claim form for a debt which was owed from some years ago, (maybe more than 6 years)? Halifax i borrowed from but on the claim for it stated LLoyds banking group, which I have never borrowed from!
The story is, I received the claim form & failed to fill it out & return it, I have now received a Judgment for claimant form & unsure what actions I should be taking, im almost certain this debt is older than 6 years but feel I need advice on what actions I should be taking before this gets any worse? Thanks in advance

I am assuming the 1st Claim form was, a summons
the 2nd one has confused me some what as to what it actually is "Judgment for claimant form"?? but I am assuming they have obtain a CCJ by default as you didn't acknowledge the claim nor defend the claim

Do you still have the 1st "claim form" and the "Judgment for claimant form"
If you have them can you scan them and post them up (Minus your personal details) so we can see exactly what they are or at the least can you type up EXACTY what is on this form including any form numbers that is on it

Just to be sure of what they EXACTLY are

If I am right with what I am thinking then we will need to have VERY good reasons to get the CCJ set aside so you can defend it properly, as if the debt was statue barred then they would NOT have got a CCJ against you if the claim had been defended


EDIT

BUT before we can go down this route we need to determine EXACTLY what this forms are that you have received and when you received them

[carts69]

Re: Judgment for claimant...advice please

[carts69]

Re: Judgment for claimant...advice please


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