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Asset management ccj - after they did not come to court.

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  • Asset management ccj - after they did not come to court.

    Hi,

    Early this year I had a court hearing in Edmonton County Court. I came to court and was informed by the judges assistance that unfortunately my case was already heard and that I was late.
    I made my excuses as to why I was late and she said wait a minute she will see if the judge would be willing to hear me.

    5mins later, she came back to inform me that the other party were no show and the judge has <some legalise jargon>... When i asked what that means, she said it meant they have to redo everything from scratch if they want to proceed with the claim.

    I did not ask any further questions and thinking it is a good day, i left.

    This week I have received a letter through the post (see attached) stating:


    Before Deputy District Judge Morley sitting at the County Court at Edmonton, 59 Fore Street, London, N18 2TN.

    Upon reading a email from the Claimant dated 26th July 2019

    IT IS ORDERED THAT
    1. Claim be reinstated
    2. Judgement for £1,621.79 inclusive of costs and interest, payable by the 24th October 2018.
    Dated 4 October 2018.
    1. Do court letters usually have so many discrepancies regarding the dates (email date, written date, date and delivery date)
    2. Is this normal, telling me at the court its closed and then sending me judgement near 3months later without informing or hearing me out.
    3. What are my options apart from paying the amount?

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  • #2
    Originally posted by flkin View Post
    Hi,

    Early this year I had a court hearing in Edmonton County Court. I came to court and was informed by the judges assistance that unfortunately my case was already heard and that I was late.
    I made my excuses as to why I was late and she said wait a minute she will see if the judge would be willing to hear me.

    5mins later, she came back to inform me that the other party were no show and the judge has <some legalise jargon>... When i asked what that means, she said it meant they have to redo everything from scratch if they want to proceed with the claim.

    I did not ask any further questions and thinking it is a good day, i left.

    This week I have received a letter through the post (see attached) stating:


    1. Do court letters usually have so many discrepancies regarding the dates (email date, written date, date and delivery date)
    2. Is this normal, telling me at the court its closed and then sending me judgement near 3months later without informing or hearing me out.
    3. What are my options apart from paying the amount?
    Did you get a copy of the Claimants email first and foremost, they shouldnt be writing to the court without letting you have a copy.

    Second,one the orders dates etc, this is normal , the courts always have a backlog of post so an order could be made on the 3rd sept for example and not typed til 10 october, thats the Court system im afraid.

    The Court order appears to be in reply to an email , you need to know what that email said.

    You can set aside that order, if you can get a fee remission then great otherwise its £255 for an application N244.

    You only have 7 days to make the application though,
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      I never recieved the initial email - i am looking at the n244 form now but unsure whether this will stop the timer.

      I really don't want to have a CCJ on my account, should I just pay the amount and fight another day? or can i pause the 1month count down and fight it in court?
      Last edited by flkin; 22nd October 2018, 15:13:PM.

      Comment


      • #4
        accident**

        Comment


        • #5
          Give the court a call and ask for a copy of the email to be sent to you. If at all possible as it hasn't been written yet ..... Otherwise ask if they can sent you the case notes ( should say what happened when etc ). Explain what happened, and that you attended the hearing etc. I'd also ask for the order to be corrected.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Originally posted by Amethyst View Post
            Give the court a call and ask for a copy of the email to be sent to you. If at all possible as it hasn't been written yet ..... Otherwise ask if they can sent you the case notes ( should say what happened when etc ). Explain what happened, and that you attended the hearing etc. I'd also ask for the order to be corrected.
            Amethyst cant seem to get hold of Edmonton court via phone, can I attend in person?
            I called the initial court (northhampton county court) and they said there is no further information on the account and the order was placed on my account today. The have informed me that payment is due this Wednesday.

            Should I just pay? which even if i wanted to i don't know how as no payment instructions were included in the order.
            And then ask for the information

            Comment


            • #7
              Try Edmonton in the morning, if you're not far off you could go in yes... think they are open 10 till 4 but check on the hmcts website.

              I don't know what the original debt is about so difficult to say if you should pay etc - but you do have a month from the judgment date to pay to prevent it being stuck on the register for six years - although the claimants could look at enforcement if not paid by the 24th.

              Did you do everything else right as far as you know ? Exchange witness statements about 14 days before the hearing ?
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                Any luck finding anything out ? flkin
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment

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