Hi all, new here and would like some advice please. Not sure which topic this should be posted in. Please explain abbreviations (unless I've used them).
This is a drawn-out and messy situation.
Early 2018 DCA 1stCredit via HSBC (HSBC called in a guarantee signed by the defendant) 1stCredit involved LesterAldridge as solicitors and sent Court claim form. SAR sent to HSBC and CPR-18 to sols.
Some toing and froing with ex160 and n244 and got a defence in.
Sometime after 1stCredit changed name to intrum and took over the case, they were late on one or two court orders but the court always allowed this and proceedings continued despite asking for it to be struck-out. The hearing was set for May 19 and defence had to be in by a certain date, mom was in critical care and out of the 14 days (where both parties must agree for an adjournment) an email was sent to court and Intrum requiring adjournment on that fact and Force Majeure, the court insisted on being paid and were not paid.
The hearing must have taken place as an order to attend for questioning was attempted to be delivered by hand (delivery man), this was refused as the defendant did not believe the hearing could have taken place.
A letter from the delivery man was received, highlighted in red "found in contempt of court for disobeying the order", the delivery man also turned up where the defendant works hand handed a suspended committal order for disobedience. Order to attend court 26 Feb 2020....next week.
The defendant must attend court and hopes the judge will use discretion to revoke the CCJ and allow a defence to be submitted. What line of persuasion should be used?
Other consideration, the defendant does not have any surplus income. And does not want a CCJ.
goodf.forumotion.com has been a source of advice and the latest posts are here (with documents) https://goodf.forumotion.com/t2086p1...endant-visible
The defendant has been temporarily banned for this https://goodf.forumotion.com/t4088-f...a-clarke#27644
One thinks bad judgement and live and let live, timing is bad however LegalBeagles is found
Many thanks in advance and I hope that enough sense can be made from this explanation, form a novice and layman with all (most) legislation
This is a drawn-out and messy situation.
Early 2018 DCA 1stCredit via HSBC (HSBC called in a guarantee signed by the defendant) 1stCredit involved LesterAldridge as solicitors and sent Court claim form. SAR sent to HSBC and CPR-18 to sols.
Some toing and froing with ex160 and n244 and got a defence in.
Sometime after 1stCredit changed name to intrum and took over the case, they were late on one or two court orders but the court always allowed this and proceedings continued despite asking for it to be struck-out. The hearing was set for May 19 and defence had to be in by a certain date, mom was in critical care and out of the 14 days (where both parties must agree for an adjournment) an email was sent to court and Intrum requiring adjournment on that fact and Force Majeure, the court insisted on being paid and were not paid.
The hearing must have taken place as an order to attend for questioning was attempted to be delivered by hand (delivery man), this was refused as the defendant did not believe the hearing could have taken place.
A letter from the delivery man was received, highlighted in red "found in contempt of court for disobeying the order", the delivery man also turned up where the defendant works hand handed a suspended committal order for disobedience. Order to attend court 26 Feb 2020....next week.
The defendant must attend court and hopes the judge will use discretion to revoke the CCJ and allow a defence to be submitted. What line of persuasion should be used?
Other consideration, the defendant does not have any surplus income. And does not want a CCJ.
goodf.forumotion.com has been a source of advice and the latest posts are here (with documents) https://goodf.forumotion.com/t2086p1...endant-visible
The defendant has been temporarily banned for this https://goodf.forumotion.com/t4088-f...a-clarke#27644
One thinks bad judgement and live and let live, timing is bad however LegalBeagles is found
Many thanks in advance and I hope that enough sense can be made from this explanation, form a novice and layman with all (most) legislation
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