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Claim form received from county court

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  • #46
    Re: Claim form received from county court

    do not go to court - been dismissed.

    Comment


    • #47
      Re: Claim form received from county court

      Originally posted by Helpneeded2016 View Post
      Hi everyone update on the case. I received a court case date for the 20th of October 2016. I was fully prepared to go to court to defend stating no information received, however I have received a letter today; a general form of judgement or order to say the claimant failed to pay their small claims hearing fee of £335 therefore the judge has ruled the claim be struck out and the small claims hearing listed be vacated.

      What does this mean? Is it finished and hoist cannot claim for this debt again. Is there any way I can make sure this debt cannot be pursued by any debt company if it's sold on and they try the court route again.

      Any advice appreciated.
      The claim has been struck out as the hearing fee was not paid I guess Hoist realised that there was little prospect of success.

      There is no judgement on the debt though, is this on your credit files?

      nem

      Comment


      • #48
        Re: Claim form received from county court

        Hi, yes it does show on my credit file.

        Comment


        • #49
          Re: Claim form received from county court

          Originally posted by Helpneeded2016 View Post
          Hi, yes it does show on my credit file.
          Is the default near the six year cut off point.

          nem

          Comment


          • #50
            Re: Claim form received from county court

            Hi, default was April 2013 according to credit report.

            Comment


            • #51
              Re: Claim form received from county court

              Originally posted by Helpneeded2016 View Post
              Hi, default was April 2013 according to credit report.
              So a long time to go before it's removed,

              Early in the thread you mention the card may have been opened fraudulently, have you looked further into this?

              My thought is to a Subject Access Request under the Data Protection Act 1998, to BC it requires them to provide all the personal data they hold on you regarding all/any accounts you have had with them. There's a £10 statutory fee to pay but I think it may be worth it.

              nem

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              SHORTCUTS


              First Steps
              Check dates
              Income/Expenditure
              Acknowledge Claim
              CCA Request
              CPR 31.14 Request
              Subject Access Request Letter
              Example Defence
              Set Aside Application
              Directions Questionnaire



              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 ...
              Acknowledge Claim - within 14 days from Service

              Defend Claim - within 28 days from Service (IF you acknowledged in time)

              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.




              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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