Where do I go from here?

[AJR]

Hello, hoping someone can offer some advice. Last month my daughter received some court paperwork for a debt she knew nothing about. It was delivered to an old address and did not reach her for 10 days. I completed the paperwork for her, stating she disputed the amount and got it back to the courts. I received an e-mail from the court to say it had been received. It was then returned to me saying I had failed to tick a box. It was returned to them the next day, another received e-mail was received. Today I have received an e-mail from the court saying that Judgement has been entered by the claimant. I have no idea what this means, however I am assuming the worst.
My daughter has never borrowed money from this person, who is a friend of her ex-partner. She assumes the money was leant via discussion between her ex and his friend, for a deposit on a flat and states she has never had any discussions with him regarding money. Her ex-partner is not being taken to court for this debt. The sum in total is for over £2,000.
Help!,

[nemesis45]

Re: Where do I go from here?

Hello, hoping someone can offer some advice. Last month my daughter received some court paperwork for a debt she knew nothing about. It was delivered to an old address and did not reach her for 10 days. I completed the paperwork for her, stating she disputed the amount and got it back to the courts. I received an e-mail from the court to say it had been received. It was then returned to me saying I had failed to tick a box. It was returned to them the next day, another received e-mail was received. Today I have received an e-mail from the court saying that Judgement has been entered by the claimant. I have no idea what this means, however I am assuming the worst.
My daughter has never borrowed money from this person, who is a friend of her ex-partner. She assumes the money was leant via discussion between her ex and his friend, for a deposit on a flat and states she has never had any discussions with him regarding money. Her ex-partner is not being taken to court for this debt. The sum in total is for over £2,000.
Help!,

Good afternoon, welcome to LB

It seems that the claimant has been given a judgment by default, as there is only a limited time allowed (14 days) from the date the claim was issued for a defendant to respond to a claim.

Is /was there a solicitor acting for the claimant?
Would the claimant have been aware of your daughters current address?

As the court forms were sent to a wrong address your daughter has grounds to have the judgment set aside an application to the court cost £255.00 an d is made on Court Form N244

I'm guessing that your daughter did not sign any form of loan agreement or a written acknowledgment that she would pay back all or part of the alleged loan.

nem

[AJR]

Re: Where do I go from here?

Brilliant, thank you so much. That's the route we will take then, I guess the bank of mum and dad will have to pay the £255. There is nothing in writing what so ever. The paperwork went to the address we were living at in 2011 when my daughter split with her partner. She has had no contact with the claimant since then.

[nemesis45]

Re: Where do I go from here?

Brilliant, thank you so much. That's the route we will take then, I guess the bank of mum and dad will have to pay the £255. There is nothing in writing what so ever. The paperwork went to the address we were living at in 2011 when my daughter split with her partner. She has had no contact with the claimant since then.

IIs there any indication as to when this " loan" was made?

What exactly are the particulars of the claim on the Form N1?
Any Solicitors acting for the claimant?

I ask because if the alleged loan was made 6 years or more prior to the issue of the claim and no payments were ever made by your daughter the alleged debt would be statute barred.

nem

[AJR]

Re: Where do I go from here?

Hi, no solicitor as far as I can make out and the "debt" is from the later part of 2011. He just states my daughter owes him the full amount of money for a deposit and 1 months rent.

[nemesis45]

Re: Where do I go from here?

Hi, no solicitor as far as I can make out and the "debt" is from the later part of 2011. He just states my daughter owes him the full amount of money for a deposit and 1 months rent.

I take it he has not attached any documents to the claim?

It would make it easier to advise if we knee exactly what is on the claim form as I thin it is possible to " blind him with science." as it's said.

To get this set aside and gone asap.
nem

[AJR]

Re: Where do I go from here?

Oh sorry, attached to the paper work is the tenancy agreement, payment slips and a letter to the guarantor.

[nemesis45]

Re: Where do I go from here?

Thoughts for set aside app.

1. Daughter has no knowledge of any such loan.

2. No contact has been made in regard to the alleged loan.

3. No letter before action has been received.

4. Claim sent to wrong address.

5. No agreement / contract/ written promise to pay ever made.

Do you think the ex partner and his " mate" have set this up?

nem

- - - Updated - - -

Oh sorry, attached to the paper work is the tenancy agreement, payment slips and a letter to the guarantor.

OK that makes matters more difficult.

Is the tenancy agreement signed?

Who made the payments, daughter and partner or just partner.
Who was / is the guarantor?

nem

[AJR]

Re: Where do I go from here?

Tenancy is signed by daughter and ex. Claimant made the payments, my daughter was under the impression that it had to be paid by card, that's why claimant paid and that cash had been given. However she has no proof of this. Guarantor was ex partners grandmother who is now deceased.
Yes it has crossed my mind that this could be a joint set up.

[nemesis45]

Re: Where do I go from here?

Tenancy is signed. Claimant made the payments, my daughter was under the impression that it had to be paid by card, that's why claimant paid and that cash had been given. However she has no proof of this. Guarantor was ex partners grandmother who is now deceased.
Yes it has crossed my mind that this could be a joint set up.

Daughters signature alone or with partners?

nem

[AJR]

Re: Where do I go from here?

With partner, who moved in with claimant when they separated.

[nemesis45]

Re: Where do I go from here?

My feeling is that the tenancy agreement is nothing to do with a loan of any sort the claimant was not the Land Lord I presume?

nem

[AJR]

Re: Where do I go from here?

No claimant was not the landlord

[nemesis45]

Re: Where do I go from here?

No claimant was not the landlord

Ok the payment slips are these payments made by daughter/partner or claimant to LL?
nem

[Diana M]

Re: Where do I go from here?

Last month my daughter received some court paperwork for a debt she knew nothing about. It was delivered to an old address and did not reach her for 10 days. I completed the paperwork for her, stating she disputed the amount and got it back to the courts. I received an e-mail from the court to say it had been received. It was then returned to me saying I had failed to tick a box. It was returned to them the next day, another received e-mail was received. Today I have received an e-mail from the court saying that Judgement has been entered by the claimant. I have no idea what this means, however I am assuming the worst.

Before you assume the worst check with the court to see if they've made an error which can be undone.

From what you say the claim form was received within the deadline for filing the Acknowledgement of Service albeit the summons was sent to the wrong address. Nevertheless it was received with arguably enough time to respond. You have 19 days from the Issue Date to file the AOS.

You then say you filed the AOS within the deadline but may have not ticked one of the boxes. The court acknowledged receipt of your AOS by email. Maybe they should have put a bar on the claim at that point to prevent a Default Judgment request being accepted.

What was the box you failed to tick?

Did you tick the box which said you (daughter) intended to defend all of the claim?

Did you tick another box which may have been misunderstood to have been an admission of the claim?

Before you go down the route of a set-aside (£255 application fee, a Witness Statement and Draft Defence to prepare followed by a hearing at your local County Court attended by her ex to decide whether to set it aside or not) maybe it makes sense to check whether that's the right legal process since your daughter did in fact receive the claim (and respond) within the deadline.

One step at a time because if HMCTS have messed up (they may not have, but let's see) then they will have to put things right.

Fill in the blanks about the AOS which was filed so it's clear where the issue lies.

Di