Judgment for claimant, can some help me please.

**teaboy2** · 19th May 2015, 12:14:PM

Re: Judgment for claimant, can some help me please.

I take it you didnt receive any particulars of claim from the court?

If so, then you need to apply to the court for a set a side on the basis you never received any particulars of claim so were not aware they had issued any court claim against you, despite them being fully aware of your postal address in which to send the particulars of claim too.

This will result in the judgement being set a side, however you will still need to then put in a defence to the claim.

When you say it was over 7 years old, when was the last payment you made towards the debt?

Do you live in scotland or in england or wales?

What was the debt for, credit card, hire purchase etc?

**Chris Wilde** · 19th May 2015, 12:19:PM

Hello

Hello everyone,
Hopefully I can get the help I need,

I have been taken to court and lost over a debt that is over 7 years old.
I have been fighting company after company, until I got a letter this week informing I had lost the court case. It would of been nice to be informed I was going to court (can they do this?) from County court house, this was done by Mortimer Clark Solicitors.
I have never been in trouble in my life, until I got both the letters on the same day. I feel sick to my belly.
The debt is from a bank account with HSBC, I challenged every company that got in contact with me, asking for the full name of the account and when it was opened and branch. When would do this they would just swap to another company, the stress this has had on me is incredible.
The reason I have been fighting this is because I bank with HSBC and have done for a long time.

I feel as though I have been stitched up by Mortimer Clark and the court for not letting me defend my self.

**Chris Wilde** · 19th May 2015, 12:29:PM

Re: Judgment for claimant, can some help me please.

Sorry England, No I got no notification from court or Mortimer Clark that I was going to court,
The debt is from HSBC a current account. I might of made a payment at the start but I got advice and was told to stop paying, until they produce the full name on the account. No company has been able to do this, I have been ill for over 9 years and was bullied into making the payment by one of the company's. It's very stressful for me. The thing is I bank with HSBC, if I owed them money surly they would of asked me for it?

**nemesis45** · 19th May 2015, 12:37:PM

Re: Hello

Hi welcome to LB.
You have received a judgement order?
Was this delivered to your current address?
Who is the claimant? Cabot Financial by any chance? or is it HSBC?

You mention you have been " fighting " this with other companies,.

If you have received the documents at your current address now and have not moved in the recent past,
then I think you would have received a claim pack from the court, probably the Northampton County Court
Business Centre.

Prior to this the claimant would have sent a " letter before action" giving you a chance to correct the situation or negotiate.
Failure to acknowledge service of the claim and
intention to defend with in 28 days leaves the claimant open
to applying for summary judgement - judgement by default.

There would have been copious amounts of " paperwork " before reaching this stage.

So please tell us exactly who you have " been fighting with" and what has been said/done up to
the court claim.

nem

**teaboy2** · 19th May 2015, 12:38:PM

Re: Judgment for claimant, can some help me please.

Was this ever your account? Did you open it etc?

**Chris Wilde** · 19th May 2015, 12:42:PM

Re: Judgment for claimant, can some help me please.

No not my account as far as I no, I have a middle name on all my accounts. All the letters from all the company's don't use my middle name. When I opened my account it has my middle name.

**Chris Wilde** · 19th May 2015, 12:51:PM

Re: Hello

I have been fighting different collection agencies, the last one was Cabot Financial, Every-time I got a letter from one of the company's I would phone them and ask them to send me details of when the account was opened and the full name on the account, Not one has provided this for me. I have had no mail about going to court or any mail from the court, until I got both letters one from Mortimer clark and the other from the court telling me I had lost the case.

**teaboy2** · 19th May 2015, 12:56:PM

Re: Judgment for claimant, can some help me please.

Well in order to open an account the bank would need proof of ID and proof of address and signiture. My accounts do not have my full name on them just the intials of my first and middle name with my surname. So regardless as to how the name appears, its neither proves its is or it isn't your account. So the proof lies in the proof of ID and address and signature used to open the account.

Have you contacted HSBC with your concerns your being contacted for an account that is not yours or may be fraudulent at any stage in the past?

It could also well be that your being chased for an account belonging to someone with the same name or similar name as yours that lived in or around the same area at the time the account was opened.

**teaboy2** · 19th May 2015, 13:00:PM

Re: Hello

Ok think we need to keep this to just the one thread as there is another thread here also - http://www.legalbeagles.info/forums/...360#post545360

**Chris Wilde** · 19th May 2015, 13:05:PM

Re: Judgment for claimant, can some help me please.

No I never did go the bank with it, I was told once it had passed to the collection department they would have no details.
It been a long drawn out thing, It just looks like I will end up paying it, with the current climate this does not bode well.
The thing that gets my back up is not being told you are going to court, does this mean anyone can take anyone to court? I have to pay court costs as well.

**Amethyst** · 19th May 2015, 13:59:PM

Re: Judgment for claimant, can some help me please.

You should ask Mortimer Clarke, or the court, for a copy of the Judgement, and ask the court for the forms to apply to set aside a default judgment. Also ask mortimer clarke for a copy of the original claim and tell them you intend to apply to set aside the judgment, as you have not received anything from court at all, and it would save costs if they would agree to this at this stage to save a hearing.

**Chris Wilde** · 19th May 2015, 14:14:PM

Re: Judgment for claimant, can some help me please.

Thanks, would I have to pay for this to be done?

**teaboy2** · 19th May 2015, 14:37:PM

Re: Judgment for claimant, can some help me please.

You can find information here about applying for set aside - https://www.gov.uk/county-court-judg...-owe-the-money should the other party not agree to having it set aside.

Whether you have to pay the court fees (or how much towards them) our not would depend on your circumstances. I.e. if you claim any benefits or not!

**Chris Wilde** · 19th May 2015, 15:01:PM

Re: Judgment for claimant, can some help me please.

Thank you, how old does a debt have to be before it written off? and will the original claim have all the details I need to defend my self?

Judgment for claimant, can some help me please.

Judgment for claimant, can some help me please.

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