*** STRUCK OUT ** Claim for Deceased Mother's alleged owed money

[modder]

Hi Guys
looks like round two?
the last letter received threw the claim out the window on the basis that the claimant did not submit things correctly. Â*
today I receive a general form of judgment order

could I please ask for some advice on what I need to do with this latest letter please.

thanking everyone in advance.

[modder]

This was the last letter received. Â*

I just don' understand how it can go from nothing to something without any correspondence inbetween. Â*

[Amethyst]

Okay, the claim was struck out in October, and then the other side have made an application to reinstate the claim and it has been transferred to Edmonton court to deal with that application. You need do nothing for now, just await further Direction from Edmonton court.

However I think what I would do though is contact the court ( Northampton centre will have it but you might have to contact Edmonton) and request a copy of the application, as you haven't been served with a copy, and consider entering submissions against the application if appropriate.

[modder]

Good Morning Amethyst,

Thank you for your feedback. Having spoken with Edmonton County Court they advise that they have not yet received the application and I'm told that once the judge reviews the application they will decide if the case requires a hearing or not. It all seem rather unfair to bypass the defendant. The judge will only have one side of the stamp as it were. The advisor explains to wait until next week for correspondence. This is a mine field. I feel that I should start preparing for a case as this individual will not let it go. From my understanding he will not get anything if I now have to clear all her debts, he is way down the order list and there are not enough funds in the pension (which has not yet materialised) to pay for credit card bills and funeral expenses alone. Rather futile on the claimants behalf and stressful for us.

[jaguarsuk]

Not this loon again. As stated above it seems he's made some sort of application, but if his application is anything like his previous particulars of claim the court will probably just throw it out.

[modder]

Not this loon again. As stated above it seems he's made some sort of application, but if his application is anything like his previous particulars of claim the court will probably just throw it out.

Here's hoping, but I'm sure he wont let it go either way! I need to get everything in order to try and put closure on the matter.
Do you know if this is likely to register as a CCJ against my credit record?

[jaguarsuk]

Here's hoping, but I'm sure he wont let it go either way! I need to get everything in order to try and put closure on the matter.
Do you know if this is likely to register as a CCJ against my credit record?

I'd imagine he's made an application to have the strike out order set aside, but given the ramblings previously he could have applied for anything. If he's applied for set aside or an injunction you wouldn't have a CCJ.

If it's a set aside and he's successful it would go back to him having to file compliant POC again. An injunction isn't debt related and therefore not relevant to your credit file.

At this stage I'd almost like him to be successful, file a compliant POC and you defeat the claim just to get rid.

[Amethyst]

I'm sure we've been through this already, but your Mother hadn't left any Will had she, so died Intestate and you're her only child ?

The Judge will only be looking at the application to decide if it needs a hearing - once he's decided that you will have opportunity to make submissions ( and should be sent a copy of the application ) xxx

[modder]

I'm sure we've been through this already, but your Mother hadn't left any Will had she, so died Intestate and you're her only child ?

The Judge will only be looking at the application to decide if it needs a hearing - once he's decided that you will have opportunity to make submissions ( and should be sent a copy of the application ) xxx

Yes I believe we have, apologies I need to track back and catchup on what was already been pointed out.Â*

I am indeed the only child and no will was left.Â* Over to the judge to decide course of action for this one...

Thanks


Â*

[Amethyst]

I just had a quick scan back and didn't spot anything, so was just making sure we weren't simply assuming that to be the case and only looking at the claim against you All good, yes, I'm afraid for now it's waiting for the Judge to have a look at this application and see what comes of it. Keep us updated won't you xxxx

[modder]

I just had a quick scan back and didn't spot anything, so was just making sure we weren't simply assuming that to be the case and only looking at the claim against you All good, yes, I'm afraid for now it's waiting for the Judge to have a look at this application and see what comes of it. Keep us updated won't you xxxx

I certainly will, I cannot thank you and your forum members enough for your continued support.Â* The world needs more people and forums like this.

[modder]

Back again. This time with a court date. This guy is like a bad rash. 1 year on still grieving and this to deal with. Just a joke.

Looking for advice on dealing with this move. Can I defend this without going to court or is this game on?

Thanks

[Kati]

At this stage I'd almost like him to be successful, file a compliant POC and you defeat the claim just to get rid.

looks like you might get your wish lol

tagging Amethyst Peridot des8 xx

[Amethyst]

Human Rights Act ? Cats ? Prosecution ?

Oh dear. Well that'll be an interesting hearing.

I'll have a read back what the current actual situation is and what's best to do.

I don't remember Cats being mentioned before - did your mum have cats that this man is looking after?

[Amethyst]

CATS - sorry had forgotten that part...