Help!! Received a court claim form from MKDP re M & S Financial Services

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Thanks Amethyst

[Amethyst]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Dizzy, have a look at Kelikes thread and maybe give the court a buzz on friday and see if they happen to have received a notice of discontinuance from the claimant..... you never know and it's worth an ask.

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Hi Amethyst

I phoned the court last Friday and as I thought - there was no notice of discontinuance filed by the claimant. I had a reply from the court to my letter stating that MKDP "would not consent to any adjournment and the matter to remain listed for 29th at which the court will consider the Defendants written evidence". Should I contact the court in the morning to find out the verdict?

[pt2537]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Hi Amethyst

I phoned the court last Friday and as I thought - there was no notice of discontinuance filed by the claimant. I had a reply from the court to my letter stating that MKDP "would not consent to any adjournment and the matter to remain listed for 29th at which the court will consider the Defendants written evidence". Should I contact the court in the morning to find out the verdict?

if you didnt attend then the result will be judgment against you most likely.

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Hi pt2537 but surely that is unfair, especially if MKDP didn't even file a witness statement and didn't provide me with any documents as evidence of them owning the debt - if this is the case can I appeal against it?

[pt2537]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Hi pt2537 but surely that is unfair, especially if MKDP didn't even file a witness statement and didn't provide me with any documents as evidence of them owning the debt - if this is the case can I appeal against it?

If this was the trial then you should have attended, made oral submissions to the judge that there is no evidence, and therefore there is no case to answer. Without that, the other side would arguably say (as i would if i were representing them) Well the Defendant is not here, the case should be heard and given the Defendant has chosen not to appear, there should be judgment for the Claimant on the Claim due to the fact that the case is unopposed.

As for an appeal, perhaps there may and i stress may be grounds to set aside the judgment if entered in your absence.

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

That is totally unfair, I stuck to what was asked for in the directions and provided all documents when requested etc and due to various issues I was "unable" to attend - it wasn't a matter that I chose not to appear it was for legitimate reasons that I was unable to appear - I sent a letter stating this prior to the hearing too, how is that the claimant can get away with not sticking to the directions but still obtain judgement - feeling really fed up now :-(

[Amethyst]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

You don't know what the judgment was as yet so wait until you speak to court tmw before worrying. The court have said they will consider the Defendants written evidence so let's see what has happened and then see what needs to be done from there xx

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Thanks Amethyst, I'll keep you posted xx

[pt2537]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

You don't know what the judgment was as yet so wait until you speak to court tmw before worrying. The court have said they will consider the Defendants written evidence so let's see what has happened and then see what needs to be done from there xx

True but i guess ive had the pleasure of a few Judge Denyer types in the past, which has affected my view of the Courts

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Thanks pt2537, also from prior experience the judge on another similar case a few years ago was less than sympathetic and told the claimant and myself to sort it out outside of the court which was in my favour but nonetheless I fear the worst with this one - like Amethyst says wait to see what was said

[FlamingParrot]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

That is totally unfair, I stuck to what was asked for in the directions and provided all documents when requested etc and due to various issues I was "unable" to attend - it wasn't a matter that I chose not to appear it was for legitimate reasons that I was unable to appear - I sent a letter stating this prior to the hearing too, how is that the claimant can get away with not sticking to the directions but still obtain judgement - feeling really fed up now :-(

Did you get a reply to the letter?
You may be able to apply to have the judgment set aside on the basis that you had a legitimate reason not to attend and you notified the court in advance. :thumb:

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Hi Flamingparrot

Did you get a reply to the letter? Yes as per thread 63
You may be able to apply to have the judgment set aside on the basis that you had a legitimate reason not to attend and you notified the court in advance. :thumb:

Lets hope so :colbert:

[FlamingParrot]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Hi Flamingparrot

Lets hope so :colbert:

If you want to apply for set aside, you need to act promptly, normally within 14 days. You'd need to provide the court with a valid reason to have missed the hearing and have a good prospect of success with your defence.

You need to submit an N244 application form and pay a fee of £155. You may be able to apply for remission of the court fee if you are on a low income or in receipt of certain benefits. Form ex160a provides full details. Most applications will be dealt with at a hearing although in some cases, the court can decide to allow your application without a hearing. :thumb:

[FlamingParrot]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

I've just read back and found that this was a storecard turned into a credit card, so I'd say you should have the good prospects of a successful defence part well covered. :grin: :grin:

Thank you FlamingParrot.

I will contact MKDP first thing in the morning.
From memory I believe this was a storecard later converted in to a credit card, it was a while ago and my memory is fading fast these days :tinysmile_hmm_t2: I shall have to pray that this was the case.