Judgement for Claimant form received but no Claim issued

[Amethyst]

Re: Judgement for Claimant form received but no Claim issued

We should copy to them exactly as we intend to send to court really Don't sign the app or put dates in the draft order etc though, as it is just a 'this is what we will be filing' thing for the moment.

[issie]

Re: Judgement for Claimant form received but no Claim issued

Hi
Okay thanks! I will draft for tomorrow and post for you to check before sending.

Many thanks

[issie]

Re: Judgement for Claimant form received but no Claim issued

Hi Amethyst

I have completed my witness statement and copy and pasted this below. Could you please have a look at it for me and let me know if this is okay to send! I am sending the draft defence and draft order exactly as you suggested, thank your for that, and I have also composed the letter to Moriarty using your example.

IN THE NORTHAMPTON COUNTY COURT
Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX
_________________________________
WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________
I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the
judgment in this case (Claim No. XXXXXXXXXXX Judgment dated XXXXX) be set aside.

2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered
under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.

3. I learnt of the existence of this claim on the XXXXXXXXXXXXXXX when I received a letter
from the Claimant requesting payment of the judgment forthwith [EXHIBIT A]

4. My address changed in early January 2015 and I updated my address on the electoral register and informed my creditors that I had moved to a new house by telephone.

5. In xxxxxxxxxxxxxxxxxxxx, I received letters from the claimant informing me that if I did not pay £xxxxxxxx to them for an alleged debt to a company called ‘Talk Talk’ the claimant would enter judgment for the same. I am not aware of any debt to owed to Talk Talk. To that end, I immediately sent a letter to the claimant solicitors, requesting information about the alleged debt on (EXHIBIT B). To date, I have received no response from the claimant or the claimant’s legal representative to my correspondence. As stated at paragraph 3 above, I received a judgment by default on the xxxxxxxx 2017, despite having received no claim form for the same at my present address, thus I was not aware the claim had been issued and thereby was not given the opportunity to defend the claim. On receipt of the judgment by default, I immediately queried with my local court as to where the claim had been sent and this was confirmed as being sent to an old address that I left in January 2015 as stated above in paragraph 4. As also stated in paragraph 4, I updated my address on the electoral register (I have moved twice since early January 2015) and I have had new credit at both addresses, and these are entered on my credit file, thus my credit file is up to date. To that end, on the 7^th August 2017, I telephoned Moriarty Law, confirming receipt of the Judgment by Default and asked why they had not sent the claim form to my present address, given they clearly had knowledge of this, since they had been corresponding with me at my present address and thus there was no need to send any documentation to any previous address. The legal representative was unable to provide a satisfactory response to this situation. The legal representative denied any knowledge of the correspondence I sent to Moriarty Law on the 24^th July 2017.

6: On xxxxxxxx 2017 I made a written/telephone request to the Claimant solicitors
inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

7. The Claimant did not respond to my request / turned down my request.

8. I therefore ask that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: _______________________________

Dated: ________________________________

[Amethyst]

Re: Judgement for Claimant form received but no Claim issued

Reading through xx

[Amethyst]

Re: Judgement for Claimant form received but no Claim issued

Okay need to sort this bit out a little, give me 10 xx

5. In xxxxxxxxxxxxxxxxxxxx, I received letters from the claimant informing me that if I did not pay £xxxxxxxx to them for an alleged debt to a company called ‘Talk Talk’ the claimant would enter judgment for the same. I am not aware of any debt to owed to Talk Talk. To that end, I immediately sent a letter to the claimant solicitors, requesting information about the alleged debt on (EXHIBIT B). To date, I have received no response from the claimant or the claimant’s legal representative to my correspondence. As stated at paragraph 3 above, I received a judgment by default on the xxxxxxxx 2017, despite having received no claim form for the same at my present address, thus I was not aware the claim had been issued and thereby was not given the opportunity to defend the claim. On receipt of the judgment by default, I immediately queried with my local court as to where the claim had been sent and this was confirmed as being sent to an old address that I left in January 2015 as stated above in paragraph 4. As also stated in paragraph 4, I updated my address on the electoral register (I have moved twice since early January 2015) and I have had new credit at both addresses, and these are entered on my credit file, thus my credit file is up to date. To that end, on the 7th August 2017, I telephoned Moriarty Law, confirming receipt of the Judgment by Default and asked why they had not sent the claim form to my present address, given they clearly had knowledge of this, since they had been corresponding with me at my present address and thus there was no need to send any documentation to any previous address. The legal representative was unable to provide a satisfactory response to this situation. The legal representative denied any knowledge of the correspondence I sent to Moriarty Law on the 24th July 2017.

5. In xxxxxxxxxxxxxxxxxxxx, I received letters from the claimant, at ADDRESS, informing me that if I did not pay £xxxxxxxx to them for an alleged debt to a company called ‘Talk Talk’ the claimant would issue a court claim against me.

6. As I am not aware of any debt to owed to 'Talk Talk', I immediately sent a letter to the claimant solicitors, requesting information about the alleged debt.(EXHIBIT B).

7. To date, I have received no response to that letter from the claimant or the claimant’s legal representative.

8. I was therefore shocked to receive a judgment by default ( did you receive the judgment order from the court or a letter from the claimant telling you about it??) on the xxxxxxxx 2017.

9. I was not aware that the Claimant had issued the claim and immediately contacted my local court ( xxxxxxxxxxxx County Court ) to find out more information.

10. The court informed me that the Claim had been issued at xxxxx ADDRESS xxxxxxxxxxxx and as I had failed to respond, a judgment in default had been awarded against me on xxxxxxx 2017.

11. It appears that the Claimant chose to issue the claim at an address I have not resided at since xxxxxxxxxx 2015, despite previous communication with me at my current address, and I was denied the opportunity to defend the claim.

12. I have updated my address on the electoral register (I have moved twice since early January 2015) and I have taken out credit at both subsequent addresses, and these are entered on my credit file, thus my credit file is up to date. There is no reason the Claimant should have filed the claim at a previous address.

13. On the 7th August 2017, I telephoned Moriarty Law ( the claimant's solicitors), confirming receipt of the Judgment by Default and asked why they had not sent the claim form to my present address, given they clearly had knowledge of this, since they had been corresponding with me at my present address and thus there was no need to send any documentation to any previous address.

14: The legal representative was unable to provide a satisfactory response to this situation. Did he say something else about paying up and bailiffs?

15: I informed Moriarty Law durng that conversation that I would be making this application to set aside.

Then I'm not sure on the consent bit - did you ask him to consent or are you doing the letter to ask consent? ( can't pre-cursor things that haven't happened yet in the WS )

[issie]

Re: Judgement for Claimant form received but no Claim issued

Thanks!
I have just received a letter from Moriarty dated 9th August 2017 confirming that because I didn't reply to the County Court Claim the Judgment was entered in default - well I wouldn't have replied to it since I didn't receive it and this is easily checked by the court.

So.. I want to add the following, what do you think, as this is further evidence that they are well aware of my present address.

On the 9^th August 2017, following my conversation on 7^th August 2017 with the claimant's solicitor as above, I received confirmation of the Default Judgment from the claimant's solicitors. Of note, their letter gives no acknowledgement of them having sent the claim form to the address that I left in January 2015, and with knowledge that the court has confirmed to me that the claim form was indeed sent to my old address. Their letter of the 9^th August 2017 is further evidence that the claimant's solicitor is well aware of my present address since it is addressed as such and been received by me at my present address. Thus there was no reason for the claimant to issue a claim to any previous address.

[Amethyst]

Re: Judgement for Claimant form received but no Claim issued

edited.

[issie]

Re: Judgement for Claimant form received but no Claim issued

Hi
This looks fantastic. He didn't say anything about bailiffs but did say I would have to pay up and that it is very difficult to get a judgment set aside, he said something else, but I hung up.

I am going to take the bit out about consent and put it back in once Moriarty have replied to my letter to set aside.

I am sending tomorrow, and have given them until 4.00 pm on 21st August to reply and I have told them I intend to apply after this time limit on the 21st.

What do you think about adding in the bit about the letter I received today, or should I keep that for my full defence / hearing.

Many thanks xx

- - - Updated - - -

Sorry didn't notice your other question - I received the default judgment first and it was only today I heard about it from Moriarty

[Amethyst]

Re: Judgement for Claimant form received but no Claim issued

Yes just break it down a bit

On the 9th August 2017, following my conversation on 7th August 2017 with the claimant's solicitor as above, I received confirmation of the Default Judgment from the claimant's solicitors. Of note, their letter gives no acknowledgement of them having sent the claim form to the address that I left in January 2015, and with knowledge that the court has confirmed to me that the claim form was indeed sent to my old address. Their letter of the 9th August 2017 is further evidence that the claimant's solicitor is well aware of my present address since it is addressed as such and been received by me at my present address. Thus there was no reason for the claimant to issue a claim to any previous address.

to....


11. On the 9th August 2017, following my conversation on 7th August 2017 with the claimant's solicitor as above, I received confirmation of the Default Judgment from the claimant's solicitors (EXHIBIT X)

12. The court will note that the letter (EXHIBIT X) fails to acknowledge that the claim was issued to an address that I left in January 2015, however it further serves as evidence that the Claimant's solicitor is well aware of my present address since the letter has been sent to and received by me at my current adress, being xxxxxxxxx ADDRESS xxxxxxxxxxxxxx.

[Amethyst]

Re: Judgement for Claimant form received but no Claim issued

Sorry didn't notice your other question - I received the default judgment first and it was only today I heard about it from Moriarty

See I don't understand how you got the default judgment notice from the court at your current address if it had been filed at your old address... any chance you can do a pic of the letter informing you of the judgment ? ( take off personal stuff before uploading - or email me admin@legalbeagles.info )

[issie]

Re: Judgement for Claimant form received but no Claim issued

Oh that's fanatastic! Is that all fine now can I send tomorrow with the draft order etc. My draft defence etc. is written like you said.

Thank you so much for all your help!! .

I will keep you updated.

[issie]

Re: Judgement for Claimant form received but no Claim issued

Yes, I wondered that and thought it might be fake, but the court confirmed and the guy I spoke to at Moriarty told me it had been sent to my old address that they traced me to. But I argued with him, if that was the case, why did I get the judgment at this address. he couldn't tell me. So, I think they deliberately sent it to my old address. Could I say something about that to them. I will email it, can you destroy it after.

- - - Updated - - -

I can't take personal stuff off because I don't have a copy and my printer is broken and I am sending it to the court. I am not giving a copy to moriarty.

[Amethyst]

Re: Judgement for Claimant form received but no Claim issued

It is odd. I'll have a look, and yes will self destruct it after

[issie]

Re: Judgement for Claimant form received but no Claim issued

How do I add a photo to the site! I took a photo without my personal details, copied to a word document and tried to paste, but it says I have too many characters and can't post!x

[Amethyst]

Re: Judgement for Claimant form received but no Claim issued

If you save the word document as .doc ( think it's the 2003-2007 option on save as...) you will be able to upload as an attachment.... (it doesn't accept .docx ) click GO ADVANCED under the reply box, then click the icon of a paperclip which will open a pop up box where you can upload the doc. You'll need to type at least 4 characters in the post box too.

Bloody stupid way of doing things really, and will get easier when we get the upgrade done.

Otherwise email it to me and I'll post it xxx