do i have ANY defence

[Amethyst]

Re: do i have ANY defence

Was the claimant Activ Kapital or Judge & Priestly ? J&P are solicitors so probably acting for AK. Just going to have nosey about see if there;s history regards this kind of speediness.

[charliealfie]

Re: do i have ANY defence

Hi Amethyst - thanks for this, who in the court is the best person to contact and i am ringing Northampton or telford and do i have to re-complete the forms to a different court and would it help if i email the courts bailiff office with all documents?

sorry lots of questions i am sure you can read my utter despair and panic

cheers

Charliealfie:doggieyes:

[charliealfie]

Re: do i have ANY defence

Hi Amethyst the claimant is AK and payment is JP - sorry my reply crossed yours

cheers

Charliealfie:doggieyes:

[Amethyst]

Re: do i have ANY defence

Your judgment came from Northampton CCBC didn't it? In which case you were correct in sending your N245 there and you should give them a call Monday - 0300 123 1056 / 01604 619400 . If the case had been transferred to Telford for the Warrant of Execution to be issued then your N245 would be forwarded there. If it has been then call Telford 01952 238 280

[Amethyst]

Re: do i have ANY defence

You could also give J&P a call to tell them you have received a default judgment and notice of issue of Warrant of Execution and tell them that you have submitted an N245 with an offer to make payments of £45 - 020 8290 0333

[charliealfie]

Re: do i have ANY defence

Hi Amethyst - in your experience are they amiable or like the rest of the people i have read in other threads?

cheers

Charliealfie:doggieyes:

[Amethyst]

Re: do i have ANY defence

I don't know, and there's really not very much about the forums on J&P. Phoning the court should be plenty to set your mind at rest. Just come back and tell us what is said ok.

[charliealfie]

Re: do i have ANY defence

Hi Amethyst thanks for all you help and support, one last question - is this simply a timing issue and under normal circumstances the courts will correct there mistake? can you check or send me the rules you mentioned above i think you have my private email? if i sent N245 recorded delivery 3/4/13 how long will it take to be "logged properly"? I am sure when i got the automated reply it said 10 days?

for what its worth you have calmed me down, i thank you for that -

can you please answer this last queries - i am going to take Charlie and Alfie down the field now to recover and gather my nerves

cheers

Charliealfie

[charliealfie]

Re: do i have ANY defence

Hi Amethyst and good morning, not sure if your around at the moment, i have been on to various people - i have a recording of the conversations, is it best i send them to you, if so were and you can let me know if its all i can do i have done? or just type the jist of the conversation?

cheers

Charliealfie:doggieyes:

[Celestine]

Re: do i have ANY defence

Just type the summary for now please

[charliealfie]

Re: do i have ANY defence

Hi Celestine / Amethyst - sorry in late response i have not been in a fit state to sit in front of the computer summary as below

Northampton CC Telephone call
spoke with say Ron, explained the situation about warrant - basically he stated that the system shows a warrant, it also showed i had paid the fee for N245, however the paperwork had not been processed yet and will not be processed until 24/4/14 he did actually say 24/3/14 but i assume that was a mistake - i asked him what i could do, i got the usual that they cannot give advice and best he could offer is telephone numbers for Telford - he also stated that paperwork is processed as when when received and no one jumps the queue.

Telford CC
spoke to say Nicki - explained the situation again, she got my file on screen - she was surprised it would take the amount of time Northampton were saying, she did not have evidence on her system that the fee had been paid, she asked about reference number which i did not have at hand - she stated she would take my word for it and she will phone the bailiffs office to put the action on hold until 24/4/14 when the paper came in - she also took my home number just in case there was a problem
Phone back Telford CC with the authorization code - i assume she wrote it down - i asked her if i could have anything in writing, she stated we dont do that but she will speak with the bailiffs office and hold the action

apart from the above i have nothing in writing, currently all the doors, windows and curtains are closed and to be honest i am living in fear of a knock on the door or a car door banging - is it worth in anyway me sending a scan copy of my paperwork to Judge & Priestley with the offer?

i am now considering putting my house on the market to clear this debt and move into rented accommodation - drastic i know, but its how the situation has got me

any further advice would be more than welcome

cheers

Charliealfie

[Amethyst]

Re: do i have ANY defence

Give J&P a call ( 020 8290 0333 ) and tell them that you have applied for redetermination of the judgment order to pay by installment as you have only just received notification from the court of the judgment and had no papers prior to that. You can also tell them you have offered £45 as that what is affordable from your income and expenditure and that you have discussed it all with National Debtline and Citizens Advice and they should put the warrant on hold. Also mention you have spoken to the court and they confirmed this too.

It might be a little scary calling them but they are just people, and will be better than sitting there with your house all barred up xxx

Otherwise do you want to write an email to them ? Will give you a hand with it. Just take a bit longer for them to get back to you and set your mind at rest hopefully.

[charliealfie]

Re: do i have ANY defence

Hi Amethyst thank you for your kind words, you and Celestine are saints - i am not really in the right frame of mind to speak with JP, it took me a while just to speak with Northampton - can we collate an email, i think somewhere i have an email address to the person dealing, but i will have to find it?

thank you once again

cheers

Charliealfie:doggieyes:

[Amethyst]

Re: do i have ANY defence

Something like??


Dear Sirs

Reference Claim Number XXXXXXX

I have received notification from the Telford County Court that you have applied for a warrant to enforce payment of the referenced County Court Judgment which you obtained in default on XXXXXXX on behalf of your client, Aktiv Kapital.

As I had received no notification of court action being taken and had no opportunity to respond to the claim, and after taking advice from Citizens Advice and National Debtline, I submitted an application to the Court on XXXXXXXXX to redetermine the default judgment order to make payments by instalments of £45 per calendar month, however received notification of the warrant of execution on XXXXXXXX.

The court have indicated they have a backlog in processing applications and that my application is unlikely to be dealt with before the 25th April. The court have indicated the warrant of execution will be held until after my application has been heard however I would like to confirm with yourselves that no further action will be taken in respect of this debt and confirm to you my offer to make payments of £45 pcm.

I enclose copies of the paperwork sent to the court. I would be very grateful if you could confirm receipt and confirm that action will be held pending the hearing of my application.

Kind regards

xxxxxxxxxxxxxxxx
ADDRESS XXXXXXXXXXXXXXXXXXXX
Telephone xxxxxxxxxxxxxxxxxxxxxxx
Email xxxxxxxxxxxxxxxxxx



email seems to be info@judge-priestley.co.uk if you don't have a specific name to contact.

Also don't forget the warrant of execution gave you till the 11th before any bailiff action would be taken so get those curtains open xxx

[charliealfie]

Re: do i have ANY defence

Hi Amethyst - thank you so much for this, i will write it today and it will be emailed today, if they happen to call afterwards i will speak with them pleasantly

thanks you once again

cheers

Charliealfie:doggieyes: