Judgement for Claimant form received but no Claim issued

[issie]

Re: Judgement for Claimant form received but no Claim issued

Here it is!

[Amethyst]

Re: Judgement for Claimant form received but no Claim issued

Well done Yip that's from court, and that came to your current address ?

[issie]

Re: Judgement for Claimant form received but no Claim issued

So do I say that I received a letter from the Court or the Claimant. Also, what if the solicitor denies that he gave me the address he sent it to, but I suppose he would not have known my previous address if he had not sent the claim there. The court just confirmed that they didn't send the claim to my present address, but he gave the actual address it was sent to as he said this is where they traced me to. So, they must have updated my address with the court to send the judgment in which case, if they had my present address the court should query why they didn't have the claim resent to my present address.

Should I say anything else about this or just leave it as it is. In Item 3 of my witness statement it I say the claimant sent me the letter, but it was the court, I didn't get the letter from the claimant until today which is strange. Should I say I received a letter from the court instead of claimant, i.e. the judgement. I am wondering whether the claim form was sent to them rather than the court sending it out, and they completed it and sent it to me at my old address. When I asked him why it was sent to my old address from the court, but that they had sent the judgment to my present address, he said this was probably the last address the court had for me. The court wouldn't know my previous addresses as I have never had a CCJ. Surely a Judge will see right through this and set it aside?

[Amethyst]

Re: Judgement for Claimant form received but no Claim issued

It was filed online via MoneyClaim online, and the claim would have been actually printed and posted out by the court. That would have gone to whatever address the claimant entered, which seems to have been your old address.

Then after 14 days from service the claimant was open to ask for default judgment ... presumably the address was updated at that stage to your current address.... as they can do according the the guidance on MCOL ....


I don't think you'll have an issue.

Change that bit about receiving the judgment to say from the County Court Business Centre, and say that it appears the claimant amended the address to your current address when they request judgment by default.

[issie]

Re: Judgement for Claimant form received but no Claim issued

Oh, so if it is on money claim online, that's evidence that they sent it to the wrong address and given that their letter in July came to my current address, they would have known at the time of filing the claim that they were sending it to the wrong address! How can I check Money Claim Online? Does it tell me what address they sent it to and when, because that would be perfect!

[Amethyst]

Re: Judgement for Claimant form received but no Claim issued

It would, but moneyclaim is rubbish and once judgment is handed down you can't access it, even if you had the original form with the passwords on. The court have told you the claim was issued to your old address, and at some point there will be adduced a copy of the original claim form - that's plenty evidence Only thing I think to check is that the letter sent to your current address in July was sent BEFORE they issued the court claim to the old address. Do you know from the court the date the claim was issued? ( Likely to have been around 15th to 18th July if they got default judgment on the 7th - as there's 3 days allowed for service, then 14 to acknowledge they'd have to wait for before being able to apply )

[issie]

Re: Judgement for Claimant form received but no Claim issued

I don't know the date of issue. I could find out, but my local court told me to ring Northampton and they are not picking up, its permanently engaged. But the court records will show the date. One of the letters came at the end of June, beginning of July, but I don't know where it is! Moriarty will have to provided copies of everything though. Also, the letter about a claim against me came on 20th July thats only a few days after the court claim. I think I should be okay. The court told me this is a regular occurance with creditors that they issue the claim form to an old address in the hope that there will be no reply. He said the court is used to seeing these.

If it all goes pear shaped and I don't get it set aside, will I still have 30 days to pay before it remains on my file.

[issie]

Re: Judgement for Claimant form received but no Claim issued

Hi Amethyst

I have not received a reply from Moriarty as yet and post for today just been, so they have a couple of days. I am not really expecting them to reply. So, the next step is to send all set aside application stuff to the Court (if I haven't heard by Monday morning - I said 4.00 pm, but I only get one post delivery per day where I live) So if it doesn't arrive, do I send everthing to Northampton County Court Business Centre? Also, the CCJ will be due to show on my credit file on 6th September, will this be stayed until the hearing?

Many thanks for all your help with this!!!

[Amethyst]

Re: Judgement for Claimant form received but no Claim issued

Do you know, I'm not actually sure if the set aside would affect the register of judgments, it does if you win the set aside app and it is removed, but if you lost the set aside I don't think you get a new 28 days to pay.... there may be a way you can pay, into court or something, to prevent it being registered, on the grounds you get it back if the set aside is granted.... ummm [MENTION=87380]Diana M[/MENTION]; might know better than I do. I don't think you would have an issue with the set aside considering their knowledge of your address prior to issuing the claim, but funny things happen so it's not 100%.

Yes look at getting your app off to court Tuesday if they haven't responded by then.

[issie]

Re: Judgement for Claimant form received but no Claim issued

Hi
Thanks! I don't owe the debt, so if it did appear on my credit file, I will add a note to it explaining the situation. Also, in the larger scheme of things, I am not going to be applying for credit anytime soon or ever really, so even if it is on my file its not going to affect me. I think I should get it set aside though, but not counting my chickens. No intentions of paying for a debt I don't owe xx

I am sending it at 4.30 pm on Monday, the last collection is 6.30 pm and I have given them until 4.00 pm on Monday. That will mean I have sent it off within 14 days of receiving it!

Will keep you updated. Hopefully, this will be helpful to other Forum Users if nothing else.

[jaguarsuk]

Re: Judgement for Claimant form received but no Claim issued

Hi Amethyst

I have not received a reply from Moriarty as yet and post for today just been, so they have a couple of days. I am not really expecting them to reply. So, the next step is to send all set aside application stuff to the Court (if I haven't heard by Monday morning - I said 4.00 pm, but I only get one post delivery per day where I live) So if it doesn't arrive, do I send everthing to Northampton County Court Business Centre? Also, the CCJ will be due to show on my credit file on 6th September, will this be stayed until the hearing?

Many thanks for all your help with this!!!

You may only get one post per day, but if by some miracle they decided to same day courier something to you then you don't want to have jumped the gun. Send everything off first thing on Tuesday morning to be sure.

[issie]

Re: Judgement for Claimant form received but no Claim issued

Yes! But they only have until 4.00 pm, I stated this in my letter to them. If nothing arrives at my address on 21st by the deadline they were given then I will send after that time. The last post from the main post office is 6.30 pm so as long as I don't send it before 4.00 pm then it will be okay to send on Monday. But thanks for your reply

Also, sending by recorded delivery, so the time of postage will be on there.

[issie]

Re: Judgement for Claimant form received but no Claim issued

Hi Amethyst

Just a quick update about my set aside. So I sent the stuff of to Northampton Court on Monday after the deadline I gave, by recorded delivery. On Saturday, yesterday I received a reply from the court to say the case has been submitted for a hearing at my local court and both parties will be given a date when to attend. Will I receive directions from my local court as to when to submit my defence? It will be interesting to see what Moriarty have as evidence as I never had the debt!

Thank you for all your help. I am sure this is what got me the quick reply from the court!!

I am hoping that I will get the hearing soon. Do you know approximate time scales for a hearing or does it just depend on how busy the court is?

Many thanks

[issie]

Re: Judgement for Claimant form received but no Claim issued

Hi

Just got my set-aside court date at end of October. This has all been very quick. I haven't received any direction with it, i.e. to submit a full defence, as you know I submitted a draft defence with my application. What do I do now? Do I just turn up at the hearing on the date or should I send in a further defence beforehand? Or, should I await directions. Glad its soon, as I am awaiting PIP Appeal and hoped the dates would not clash!

Any information from anyone with experience of these hearings about what to expect on the day, would be very much appreciated.

Many thanks for all of your help so far, everything has been very straight forward and stress free as a result.

[Amethyst]

Re: Judgement for Claimant form received but no Claim issued

Ahh good. That is pretty quick actually.

It won't be until after the setaside has been granted that you will be ordered to submit your defence. Your draft defence is already there for the judge to consider whether you have a reasonable prospect of succeeding with your defence, should he set aside the judgment. And your application gives the reasons for not responding to the original claim. So should bne straightforward really.

Have you still not had anything from the claimants?