Please can someone advise

[Debt girl]

Was sent a county court claim for what I believed to be a statute barred debt initially stated I was defending the claim wrote to Cabot financial stating this and they sent no reply next I had a ccj from the court and Mortimer Clarke solicitors saying they would contact employer wrote to Mortimer Clarke telling them the debt was statute barred and the court Mortimer Clarke responded saying that the debt was not statute barred and if it was why didn't I putrelevant paper work to prove my defence into the court they are now trying to pursue this they say the debt was not statute barred as there was a payment in 2010 which I disagree with can I ask them for the proof of payment and also the original agreement or is it now to late thanks for any advice in advance very grateful

[stevemLS]

Re: Please can someone advise

So you filed an Acknowledgement of Service saying you were going to defend?

Did you then file a Defence or were you reliant on the letter you sent to Cabot?

If that was the case, writing a letter to the claimant doesn't relieve you of your obligation to comply with the court deadlines and so if you didn't file a defence (or agree an extension) then they are entitled to obtain a default judgment, which it appears is what they have done.

Others may have a different view (I hope for your sake!) but my own view is that you would be in difficulty getting the judgment set aside if I have understood the circumstances correctly notwithstanding that you would have had a complete defence if you had filed it on time. I also think if you now make enquires of the claimant about the payment they allege you to have made in 2010 the experience seems to be that they will simply say that they have obtained judgment and are under no duty to provide you with anything further.

[nemesis45]

Re: Please can someone advise

Was sent a county court claim for what I believed to be a statute barred debt initially stated I was defending the claim wrote to Cabot financial stating this and they sent no reply next I had a ccj from the court and Mortimer Clarke solicitors saying they would contact employer wrote to Mortimer Clarke telling them the debt was statute barred and the court Mortimer Clarke responded saying that the debt was not statute barred and if it was why didn't I putrelevant paper work to prove my defence into the court they are now trying to pursue this they say the debt was not statute barred as there was a payment in 2010 which I disagree with can I ask them for the proof of payment and also the original agreement or is it now to late thanks for any advice in advance very grateful

As has been said writing a letter to the claimants solicitors and not completing the forms that would have been served by the court, the claimant has every write to see judgement and get it.

The is now a CCJ in place which supercedes the original contract / agreement.

You have to options:
1. Pay as instructed in the judgement order, if paid in full within 28 days the CCJ is not registered.

2. Apply for the judgement to be set aside: You must have a defence with a reasonable prospect of success to the original claim.
A set aside application needs to be made as soon after judgement as possible'

The court fee for the application is £155.00.

nem

[stevemLS]

Re: Please can someone advise

nem

Surely the prospects of a successful set aside application are tiny where an AoS has been filed and, so far as the court is concerned, the Defendant simply hasn't bothered to file a defence?

I would have though that such an Application would be throwing good money after bad.

[nemesis45]

Re: Please can someone advise

nem

Surely the prospects of a successful set aside application are tiny where an AoS has been filed and, so far as the court is concerned, the Defendant simply hasn't bothered to file a defence?

I would have though that such an Application would be throwing good money after bad.

It is simply an option!!
nem

[aissha]

Re: Please can someone advise

Hi my name is aisha I work for this company called venus health care agency i work as a zero hour contract due to me having my full time time have been working for them seen last year July 2014 . when i apply with the company i was told if i have my NVQ LEVEL 3 in health and social care i will be paid 7.25 perhour i took my qualification and they started paying me my 7.25 there was no issues last week i came back from work and i receive letter from them . This is what the letter say


rate of pay


As you will be aware you are employed on a bank staff contract as casual worker the current rate of pay for casual senior is 7.25 rate for shifts you have worked at which is what am getting paid at the moment as it was assumed that as you hold a NVQ level 3 certificate you were able t carry out the task expected of a senior support worker .


following observation and your competency assessment it has come to light that you are not performing at the level of a senior support worker .

Firstly i did not have any observation and no competency assessment done they just made all these up so they will reduce my wages i have no evidence of any competency test or even a meeting to discuss this issues about my wages been cut .


as you are carrying out the duties of a senior support worker from Monday 27 April 2015 the company will pay you rate of pay as causal support worker 6.50 per hour if it not acceptable to you then please inform your manager and can remove your name from the list of bank staff and we will no longer offer you shift .


now they threaten me if i don't accept the 6,50 per hour i should leave the job please what can i write i need your help . i need to raised a grievence