Form of Judgement ! Help Needed Please !!!

[potless1]

Just received the following letter from Barnet county court today:

http://i282.photobucket.com/albums/kk278/yid-old-boy/judgement.jpg

Please can anyone advise me on what i should & should not do, i do not have the funds to make the payment as i am out of work & am on JSA, i also have my own home.
What can the courts do to enforce the payment ?

thanks:ballchain:

[Amethyst]

Re: Form of Judgement ! Help Needed Please !!!

ugghhh Restons

Okay, first thing is to find out what the situation with the debt is from you, then we apply to set it aside, defend any collection charges and any late payment etc charges, make an monthly offer to pay on the amount you admit as you can afford and make restons work for the money a bit by giving you the right information.

1) Did you receive any notification of the court action - from Restons or the court prior to receiving the judgement ? If so do you have a copy of the original claim form ?

2) when was the mbna card taken out and what do you think is the actual amount owing on it ? did you receive default notices from mbna and do you have a copy of the original credit agreement ?

ignore the above

arrghhhh just found your other thread - county court notice - Restons/mbna v me - help ! - Page 3 - Legal Beagles , is this the same account ????
and letter http://i282.photobucket.com/albums/k...boy/001-10.jpg -

can you type up exactly whats happened and when on this court action pls - just simple date - event type list for now.

You entered a defence and the claimants had 28 days to respond - do you know what happened after that ?

we can do a redetermination request to get monthly payment installments but they will ask for a charging order on your house as well. depends exactly whats happened to get this judgment since the original CPr requests etc.

Hi all, got my replies back today from Reston's & MBNA !

Reston's first...

Request that i sent to reston's:
http://i282.photobucket.com/albums/k...14requesta.jpg
http://i282.photobucket.com/albums/k...14requestb.jpg

& the reply i recieved today from Reston's:
http://i282.photobucket.com/albums/k...stonsreply.jpg

this is the letter which was sent to me on may 18th by restons together with copies of the CCA (which is unreadable with the human eye) & the default notice that they also sent which as someone pointed out before has some blunders in which hopefully will help my cause:
http://i282.photobucket.com/albums/k...ter18thmay.jpg
http://i282.photobucket.com/albums/k...oy/ccacopy.jpg
http://i282.photobucket.com/albums/k...efaultcopy.jpg

----------------------------------------------------------------------------------------------------------------------
Now MBNA...

Request that i sent to MBNA:
http://i282.photobucket.com/albums/k...-boy/MBNAa.jpg
http://i282.photobucket.com/albums/k...-boy/MBNAb.jpg

& the reply i recieved today from MBNA along with my £10 postal order !
http://i282.photobucket.com/albums/k...bnareply-1.jpg

What should my next steps be ?

all advice needed & appreciated !

[potless1]

Re: Form of Judgement ! Help Needed Please !!!

went to court on 4th dec & i was in there 5 mins, the judge asked if i was being represented which i replied no as i have no money & could not afford a solicitor, he then said i had no defence & that i have to pay the money owed & told me to get advice regarding an IVA & basically bent me over ! I have now received this letter which is asking me for the full amount by 30th dec (at least they will wait until after xmas)

cheers

[Amethyst]

Re: Form of Judgement ! Help Needed Please !!!

Okay what has happened since - http://i282.photobucket.com/albums/k...boy/001-10.jpg - letter ?

[potless1]

Re: Form of Judgement ! Help Needed Please !!!

ok, here is a copy of my defence which i fi8lled in on my allocation questionaire:

http://i282.photobucket.com/albums/k.../MYDEFENCE.jpg

& here is the copy of submissions from the claimant which was handed to me in court by the claimants solicitors:

http://i282.photobucket.com/albums/k...ld-boy/CS1.jpg

http://i282.photobucket.com/albums/k...ld-boy/CS2.jpg

http://i282.photobucket.com/albums/k...ld-boy/CS3.jpg

http://i282.photobucket.com/albums/k...ld-boy/CS4.jpg

http://i282.photobucket.com/albums/k...ld-boy/CS5.jpg

i told the judge that i was on JSA & could only afford a minimal payment each month but the judge did not want to know & it was all over in a few minutes.

[Amethyst]

Re: Form of Judgement ! Help Needed Please !!!

Did they actually supply a copy of the agreement ?

Sorry potless am a bit confused from how you got to a new defence (via the allocation questionnaire) being entered after your CPR 31 request and embarassed defence - did they respond to you within the 28 days ordered by the judge, or simply enter the application for summary judgemnt ? Did you receive a copy of that application before the court date and enter a second defence (the payplan one) after that ?

[potless1]

Re: Form of Judgement ! Help Needed Please !!!

they just entered the application for summary judgement, the courts have decided that i have to pay all of the money + court fees & solicitor fees by 30th dec, is there anything i can do about this ?

[Amethyst]

Re: Form of Judgement ! Help Needed Please !!!

Yes, if you are happy just accepting the judgment, we can apply for redetermination to get installments set at the same rate you are paying via payplan. Restons will want a charge over your house too.

You need to do a full income and expenditure sheet- you probably did one for payplan ?

Then we need to do a N244 application and you will need to complete an EX160 form as well to cover the fee (Her Majesty's Courts Service - Home
to get both those forms)

[Amethyst]

Re: Form of Judgement ! Help Needed Please !!!

N244 - form here Her Majesty's Courts Service - Home

This is just a rough outline for now...we need to go through and make sure it fits your situation.




At a hearing = No

Level of Judge - district

Parties to be served: Restons Solicitors


I, potless xxxxxxxxx, the defendant,


intend to apply for an order that

The judgment order for forthwith payment be redetermined to monthly installments.


because

I am unable to make forthwith payment and have a low income which consists of JobSeekers Allowance and XXXXXXXXXXXXXXXXXX


I wish to rely on

- attached Witness statement


PART C - (( edit and enter the below witness statement and attach the income expenditure sheet to it. ))

1. I am the DEFENDANT in this case.

2. I make this Witness Statement in support of my application to redetermine the period over which the debt be paid and the monthly installment rate as set by the xxxxxxxx county court on xxxxxxxxxxxx 2009.

3. I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.

4. On xxxx date xxxxx the Claimant entered a claim number xx CLAIM NUMBER XX against the Defendant for an outstanding debt totalling £xxxxx.xx

5. Summary judgment was entered in favour of the Defendant on xx DATE xx for the sum of £xxxx.xx to be paid in full before 30th December 2009.

6. The Defendant fell into financial difficulty on or around xxxxx (REASONS)

5) On xxxxxxxxxxxx the Defendant offered a reduced monthly payment of £xxxx, through Payplan as part of a Debt Management Plan, to the Claimant for repayment of this account.

6) The Claimant instructed Payplan (a national debt charity) to act on his behalf and they had submitted an Income and expenditure form, plus an offer of payment of £xxx monthly .

7. The defendant has made regular monthly payments to HFC bank without fail. Payment schedule is attached (APPENDIX A) and proof of payments (APPENDIX B)

8. The Defendant asks for relief from further interest and charges and for payments to be set by the court at £xxxx per calendar month.

9.. A full current financial breakdown is attached to this statement.

------------------------------------------------------------------------------------------

~~ Whats the position with your property ? how much equity is there ? Do you have any other assets ? ~~~

[potless1]

Re: Form of Judgement ! Help Needed Please !!!

the equity on my house is approx £125,000 with no other assets. Regarding the charging order, how does it work & who decides how much i can pay each month or do i make an offer ?
The forms i already have filled in which i done a while ago, do you want me to post them up on here so you can see what i have put ?

[Amethyst]

Re: Form of Judgement ! Help Needed Please !!!

Yes please.

Re the charging order - it will sit on the house for the full judgmented amount and when you sell Restons will take their bit after the mortgage company before you get the equity left out. You negotiate with Restons as to the amount to pay by installments to bring down the amount they have secured on your house but its better to get it set by the court. If you miss an installment they can try to get a sale order to recover what is owed in full so it is worth getting the installment amounts agreed at an affordable rate early on and then stick to it rigidly.

[potless1]

Re: Form of Judgement ! Help Needed Please !!!

Hi Amethyst,
i have downloaded the 2 forms which i have attached below, what i need Restons to do is accept a minimal payment which i can afford while i am on JSA until i can find myself employment & then i can offer larger repayments.
The N244 form below starts asking questions regarding another hearing & how long the hearing will last etc, is this applicable to what i want as i have already been to court & the judge was in favour of the claimant & i owe the money but i have no way of repaying it all in 2 days time !

http://i282.photobucket.com/albums/kk278/yid-old-boy/N244A.jpg
http://i282.photobucket.com/albums/k...-boy/N244B.jpg


Re the following form (EX160)

http://i282.photobucket.com/albums/kk278/yid-old-boy/EX160A.jpg

in part 4 re my annual income do i include my wifes part time income (part of a couple) ?

http://i282.photobucket.com/albums/kk278/yid-old-boy/EX160B.jpg

& in part 10 can i get my wife to sign as a witness ?


thanks

[Amethyst]

Re: Form of Judgement ! Help Needed Please !!!

All fine so far on the N244 - you can just N/A the bits at the bottom of page 1 - except LEVEL OF JUDGE - put DISTRICT in there.

Page 2 - tick attached Witness Statement and write out the WS I posted a couple posts back with YOUR info on - if you aren sure type it up in here with your bits on first before completing it. You should do this on a seperate sheet (and in Other Information write SEE ATTACHED WITNESS STATEMENT) then on another sheet have your Income and Expenditure sheet. Put the claim number, your name and the claimants name on all sheets.

I dont have much experience of the EX160 but will have a look in a short while.

[potless1]

Re: Form of Judgement ! Help Needed Please !!!

http://i282.photobucket.com/albums/k...boy/N244A1.jpg

http://i282.photobucket.com/albums/k...boy/N244A2.jpg

IS THIS ALL OK ? OR DO I NEED AN INDEPENDANT WITNESS INSTEAD OF MY WIFE TO SIGN THE FORMS ?

[Amethyst]

Re: Form of Judgement ! Help Needed Please !!!

Is the Judgment in your name or your wifes ? If yours then you need to sign it, if your wife then she does. Basically you are your own witness.