Drydensfairfax

[suzy18]

After receiving a Judgement for Claimant (in default) from Northampton County Court regarding Sygma/Drydensfairfax solicitors I issued a request CPR31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) ..... on 2nd November 2013
I received the 'documents' requested on 28th January 2014- clearly out of time and also the 'original agreement' does not bear my signature.
What is my best move forward? Is it 'out of time' or 'invalid agreement'?!

Any advice would be much appreciated.

[Streetwise]

Re: Drydensfairfax

After receiving a Judgement for Claimant (in default) from Northampton County Court regarding Sygma/Drydensfairfax solicitors I issued a request CPR31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) ..... on 2nd November 2013
I received the 'documents' requested on 28th January 2014- clearly out of time and also the 'original agreement' does not bear my signature.
What is my best move forward? Is it 'out of time' or 'invalid agreement'?!

Any advice would be much appreciated.

When did the claimant get the judgement against you and were you aware you were being taken to court.

[suzy18]

Re: Drydensfairfax

Hi there,
Thank you for your reply.
I am confused to be honest because I received the Judgement for Claimant (in default) from Northampton County Court on 29th October- after consulting this site I prepared the CPR31.14 request and received this reply (3 weeks later) from Drydens "We acknowledge receipt of your letter............. Please be advised we have requested the relevant documents from our client and upon receipt of the same these will be forwarded on to you. We are not able to confirm that the documents will be with you within the seven day timescale therefore we agree to the extension"!!!!!
I also received a "Notice of transfer of proceedings' dated 4th November advising that the claim had been transferred to Sheffield County Court for enforcement.
Then nothing from either Drydens or court until 28th January when the docs from Drydens clearly out of time & not bearing my signature.

[Streetwise]

Re: Drydensfairfax

When did the claimant get the judgement against you and were you aware you were being taken to court.

Where you aware you were being taken to court.

[suzy18]

Re: Drydensfairfax

It is not clear from the judgement in as much as there is no 'court date'- does Judgement for Claimant (in default) mean I am being taken to court or is it just a frightening tactic?

[Streetwise]

Re: Drydensfairfax

It is not clear from the judgement in as much as there is no 'court date'- does Judgement for Claimant (in default) mean I am being taken to court or is it just a frightening tactic?

It looks like you have been taken to Court and failed to respond,without more information ,the claimant now has a County Court Judgement against you,more information required post up the document you received minus your personal details.

[suzy18]

Re: Drydensfairfax

Hi there- I hope you are able to access the attachments I have uploaded- please let me know if not and maybe there is another way to post the docs?!!

[Streetwise]

Re: Drydensfairfax

Hi there- I hope you are able to access the attachments I have uploaded- please let me know if not and maybe there is another way to post the docs?!!

Sorry can't view the files something up with MY download,somebody else might be able to open it.

[suzy18]

Re: Drydensfairfax

ok well thanks for trying

[ncf355]

Re: Drydensfairfax

Hi,

I think you are scuppered on this one

As said above, this is a judgment not a claim form, meaning the claim form has been served and you have failed to respond to it, so the claimant has been given judgment by Default.

A CPR 31 request isnt appropriate at that point, it's something that should be sent at the same time you acknowledge the claim form.

If you had acknowledged the opriginal claim form stating an intention to Defend all the claim, this would have given you a total of 28 days from the date of issue of the claim form to enter a Defence.

Given they obtained judgment in October, I would imagine getting judgnment set aside would be quite unlikely.

However someone else here may be able to offer better news, it just doesnt look good to me, sorry.

:tinysmile_aha_t:

[ncf355]

Re: Drydensfairfax

Actually,

you could get it set aside, but you would need to give a compelling reason as to why you failed to respond to the original claim and a compelling defence?

[Streetwise]

Re: Drydensfairfax

Where you aware you were being taken to court.

I'll ask again.

[Amethyst]

Re: Drydensfairfax

Hi Suzy, Did you only know about this when you received Judgment for Claimant (in default) paperwork ? ie. had you not received any previous court letters - you should have had an N1 form ( moneyclaim ) possibly in August/September last year ?

If not, as the others say, you need to apply to set aside the judgment (if you have a defence to it) it seems you have received a default judgment form but mistaken it for a claim form and followed the claim response procedures.

This basically means you have a CCJ against you and the court has transferred the CCJ to Sheffield to enforce the CCJ against you. You will probably receive court documents asking you to attend court to do a financial statement or similar.

[suzy18]

Re: Drydensfairfax

Thank you for all your replies- The Judgement for Claimant (in default) was the absolute first court document I received.
How do I go about trying to set aside the judgement?
I first experienced financial difficulties when my hours were reduced at work- I struggled on for a while & then I contacted all my creditors and completed income & expenditure details enabling me to set up repayment plans. Sygma (this one, chased by Drydens) ignored all my enquiries other than to confirm a message in June 2013 in which I stated financial difficulties. The reply advised that my query was being dealt with. Nothing more other than usual default notices each month. I regularly sent 'secure messages' through the online account section offering to pay £20 per month with no response. Some months later I offered 30% of the debt (as advised on this site) still without response. The next contact regarding the debt was the judgement.
I feel I have a defence, since I printed off the emails and secure messages plus the one response in June 2013. I am aware that this is my debt to pay and just wish I could get a repayment plan going as I have with my other creditors.
At the outset when I tried to obtain a repayment option I also asked if freezing interest/ fees could be considered. The amount owed in June 2013 was £4600 but obviously the interest & fees have increased the debt to almost £6000 which is what I would like to contest.

[Streetwise]

Re: Drydensfairfax

Thank you for all your replies- The Judgement for Claimant (in default) was the absolute first court document I received.
How do I go about trying to set aside the judgement?
I first experienced financial difficulties when my hours were reduced at work- I struggled on for a while & then I contacted all my creditors and completed income & expenditure details enabling me to set up repayment plans. Sygma (this one, chased by Drydens) ignored all my enquiries other than to confirm a message in June 2013 in which I stated financial difficulties. The reply advised that my query was being dealt with. Nothing more other than usual default notices each month. I regularly sent 'secure messages' through the online account section offering to pay £20 per month with no response. Some months later I offered 30% of the debt (as advised on this site) still without response. The next contact regarding the debt was the judgement.
I feel I have a defence, since I printed off the emails and secure messages plus the one response in June 2013. I am aware that this is my debt to pay and just wish I could get a repayment plan going as I have with my other creditors.
At the outset when I tried to obtain a repayment option I also asked if freezing interest/ fees could be considered. The amount owed in June 2013 was £4600 but obviously the interest & fees have increased the debt to almost £6000 which is what I would like to contest.

If the judgement is the first you new you must contact the court and advise them of this,you may be able to apply for the judgement to be set aside,cant understand though why Drydens replied to your C.P.R request in January having obtained judgement in October.