debtor attends court for questioning and requests info on setting aside the judgement

[famasfilms]

I have just come back from court, where my debtor had been ordered to attend for questioning. This concerns a debt and judgement of £300 that I made via money claims online.

She thought this was her chance to dispute the debt and had arrived with witness statements to support her "defence". The Court Officer told her that she would give her information on how to set aside the judgement after the questioning.

I wrote to her in May 2014 to tell her that I would file the claim if money was not received.
I filed the claim in June 2014.
I received judgement in July 2014.
I wrote to her to say that I would be enforcing the judgement if it was not paid.
She was served with the summons in September 2014.


Has enough time passed that her application will not succeed?

[Amethyst]

Re: debtor attends court for questioning and requests info on setting aside the judge

Have you had any responses from her since writing your letter to her in May ?

[famasfilms]

Re: debtor attends court for questioning and requests info on setting aside the judge

Thank you for the quick reply

No direct communication or reply from her.

Her response to getting the letter in May that "I will file a claim if you don't pay" -was to phone the police and accuse me of harassment!

[Amethyst]

Re: debtor attends court for questioning and requests info on setting aside the judge

Okay so she can't deny receiving the letter or court claim.

If she does have a decent defence or a realistic claim of harrassment against you then she could get it set aside and the case would start from the point of her having received the claim - ie. she'd enter a defence and you'd have a hearing (eventually) before the court gives judgment.

Just realised - is this the same claim ? http://www.legalbeagles.info/forums/...203#post470203

[famasfilms]

Re: debtor attends court for questioning and requests info on setting aside the judge

Hi yes it is the same claim.

Harassment accusations are a complete joke.

What is the definition of a decent defence? I didn't receive the "witness statements" she had prepared, but overheard they were from our former housemates who had stated she doesn't owe me any money. As the billpayer for the property we shared, I collected money from each tenant individually, not as a group. Therefore how much the debtor owed me was not something I would discuss with any other tenants.


Will I get chance to respond to any request to set aside judgement?


Also, she told the Court Officer she had £6 in one bank account, is currently unemployed but temping off and on, and has another account that her student loans were paid into, although she is no longer in full time education. Is there any way I can enforce the judgement before her application goes through?

[Amethyst]

Re: debtor attends court for questioning and requests info on setting aside the judge

Is her defence that she doesn't owe you anything?

Yes you will be able to defend the set aside application.

[Amethyst]

Re: debtor attends court for questioning and requests info on setting aside the judge

Also, she told the Court Officer she had £6 in one bank account, is currently unemployed but temping off and on, and has another account that her student loans were paid into, although she is no longer in full time education. Is there any way I can enforce the judgement before her application goes through?

Was there any order made after the hearing ? If there's an order that she be given XXX days to submit a set aside application then you are bound to that.

[famasfilms]

Re: debtor attends court for questioning and requests info on setting aside the judge

no, she has to submit some extra documents concerning her finances - e.g the details of the second account.

The Officer just gave her some forms/info on how to apply for setting aside the judgement, as far as I know anyway

[famasfilms]

Re: debtor attends court for questioning and requests info on setting aside the judge

Is her defence that she doesn't owe you anything?

Yes you will be able to defend the set aside application.

Yes, that's what she is claiming.

[Amethyst]

Re: debtor attends court for questioning and requests info on setting aside the judge

no, she has to submit some extra documents concerning her finances - e.g the details of the second account.

The Officer just gave her some forms/info on how to apply for setting aside the judgement, as far as I know anyway

Okay, it's in the hands of the court so you are tied to that now, if she submits a set aside application you should receive notification and be able to have your say, either at a hearing or in writing.

Frustrating I know but it's a case of waiting again.

[famasfilms]

Re: debtor attends court for questioning and requests info on setting aside the judge

Ok, an update.

I was told the debtor applied to get the judgement set aside, but there was a problem with the paperwork.

At the questioning, she told the court she had 2 bank statements, each either overdrawn or with less than £10 in.

I understand she has now got a job.

What are my chances of being successful if I apply to get the money taken from her bank account?

[FlamingParrot]

Re: debtor attends court for questioning and requests info on setting aside the judge

I was told the debtor applied to get the judgement set aside, but there was a problem with the paperwork.

At the questioning, she told the court she had 2 bank statements, each either overdrawn or with less than £10 in.

I understand she has now got a job.

What are my chances of being successful if I apply to get the money taken from her bank account?

You'll need to apply for a third party debt order, take a look at this: http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm667120.htm

This is the legal background: http://www.justice.gov.uk/courts/pro...art72#IDADF0IC

An alternative could be to apply for an attachment of earnings: http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm667550.htm

[famasfilms]

Re: debtor attends court for questioning and requests info on setting aside the judge

yeah, I know what the legal options are.

If she attended court to give information about her financial status, and told the courts that she either had less than £10 or was overdrawn in her bank accounts but has since got a job - will a third party debt order be likely to succeed?