Showing results for tags 'judgement'.
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My Daughter has be hassled by Shoosmiths/ARC over an alleged debt with Egg, this started in March 2011 several DCA's have written and to each we have sent a S78 request, and had nothing returned other than a blank 'example' agreement. A couple of years ago Shoosmiths issued court papers to which I filed a defence on her behalf, pointing out that S78 had not been complied with and that a multitude of DCA's and solicitors had written a range of letters alleging debts but for a number of varying amounts. Shoosmiths responded by withdrawing the court application, out off the blue today we get a letter threatening an application for Summary Judgment, and wanting us to set up an agreement for repayment with them. My Daughter had a nervous breakdown several years ago 2007/8 and genuinely has no recollection of these debts and I have been managing them on her behalf, in may cases PPI has more than covered the debt but Shoosmiths have been particularly difficult to deal with and if this is a genuine debt then it will almost certainly have PPI attached to it, but apart from a bare minimum of information they have given me nothing to work with. I feel like calling their bluff, but the amount they are claiming is around £2k0 and if genuine is not a single debt but a number rolled into one, or has a significant amount of charges added. What would be my best course of action? Thanks in advance.
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Hello I received a Judgment for claimant (in default) from Gladstones and I am unsure what to do. I was advised by a member of the forum to seek help here. An outline of the issue: Around the 10th of October 2015 I received a letter entitled postal notification parking charge from parking management control uk. The charge was for 100.00 but would be reduced to 60.0 if paid within 14 days. I ignored it and not happened after. Now I have received the Judgement of Claim from County court business centre in Northampton, saying that I have defaulted and I owe them 258.21. What do you advice I do now? Since October 2015 I did not get any letters of paper work from Gladstones or PCN, so how can the court send me this judgement. Thank you. -
Hi Is there a legal requirement for a default notice to have been issued before a claim can be entered against you for a credit card debt? If so can you please refer me to the legislation. Its a long story but it appears that a judgement was issued even though the judge was aware that there was no proof of a default notice having been issued. Thanks
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Hi Just received a claim from Howard Cohen this morning. Just wanted to check what I need to do. 1st - Acknowledge claim. Can this be done online? 2nd - Send CPR18 to Howard Cohen, as belows [template removed - dx] 3. Wait for reply. -
Hello all, We have submitted a defence and then received the DQ. This was returned to us as invalid due to my partner filling it in and asking me to deal with it on her behalf. We have resubmitted another one and they have rejected this as the surname is different to the claimant. We are married now so my wife is using her current name, they wont accept it as the claim in in her maiden name. Can they do this? I feel like they are doing it on purpose because now we are over the 14 day limit to have the DQ filed. -
Posting on behalf of my OAP Mother (terrible how they target vulnerable people!) After a long and complex saga my Mother has received a Judgement for Claimant (in Default) She has been charged £259.34 for parking in her OWN allocated parking space. Permits were delivered to other residents prior to this fine being issued, but not to her; she has evidence of requesting permits from both the Parking Management Company and Facilities Management Company - unfortunately these requests were ignored and she was subsequently issued with a fine. The parking is no longer enforced and all signs for parking management have been removed. Unfortunately, after receiving numerous letters from various debt collection agencies she received a few letters from Gladstones Solicitors. As with previous demands, she ignored them. She received a Court Claim letter, and went online to fill out her claim and defence. Sadly, she's not terribly computer savvy and didn't realise she had not attached her fully prepared defence to the appropriate part of the form. I wasn't around to help her at the time. Consequently, 28 days elapsed and she has now been issued with a Judgement for Claimant (in Default) She's terrified that bailiffs are going to enter the property now - please help. Is there anything we can do now other than pay this very unjust fine? Thank you! -
On form N244 there is a question (4) which asks "Have you attached a draft of the order you are applying for?" What is a draft order? Question 3 asks "What orders are you asking the court to make and why?" and I have written that I want the default judgement set aside and given the reasons I think it should be set aside. Does question 4 relate to this? Is it just a more in depth expansion of this or is it something completely different? I have searched on the internet and found conflicting answers to this. Some legal websites I have read say a draft order should be attached while others (e.g. NationalDebtline) say tick NO and leave it to the court to fill in. None of the websites actually explain what the draft order is though. I would greatly appreciate it if anyone can help. Thanks!
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Hi, I defended a claim against me which I lost on the 26th of May, the judge ordered that I pay the claim plus interest and court fees within 14 days of this date, I received the order today in the post ( dated the 26th May ). Because I cant afford to pay all the judgement currently I put in a N245 form to the court last Friday ( 3rd June ) with an offer to pay it off over 3 months, my main concern is how long will it take the court to process and send the form to the claimant?? as I don't want them transferring it to the high court enforcement offices within the 14 days that they have to reply to the form once they receive it. Also as I ticked both boxes on the N245 ( to alter the payment rate and stop any warrants ) will this take effect and stop any warrants being issued from when the local county court received the form or when the claimant either agrees to my offer or they don't and it goes before a judge/ the court decides?? Thanks for any help -
Afternoon everyone, Just a question really as follows: I was made redundant 31/07/2015 and followed all the correct procedures. Went to employment tribunal and won my case, which was not contested. Recieved my judgement order on 18/03/2016, which has not been settled. I found out that my previous employer has since closed the business and as of yet not legally gone bankrupt, called in an insolvency practioner nor liquidated the company. I applied to the insolvency service which is going through now and I received a letter saying that they will pay the redundancy as per employment judgement order and then go after my former employer for the monies. I was awarded the judgement for redundancy along with a calculation date of 8% simple interest payable on a day to day basis starting 01/04/2016. So my question is will I get the interest that has occurred or just the statutory redundancy payment. Many thanks in advance -
Hi all I'm trying to get a court CCJ Judgement set aside. Essentially I am disputing the CCJ on the grounds that I had emigrated prior to the judgement being granted. 1. I disputed the debt and attempted to resolve this with the claimant. 2. Prior to emigrating from the UK I notified the claimant of my intention to emigrate and further agree settlement 3. After emigrating I confirmed I had left the country 4. They obtained a CCJ at my previous UK address 11 months after I emigrated 5. I never saw the summons 6. I discovered the CCJ 5 years later and now want it setting aside. I've completed form N244 including supporting evidence (visa stamps, new local driving licence, citizenship cert). Where do I send this and can someone confirm the costs? Also anyone been in a similar position and can offer some guidance on how they approached this? thanks Andy
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Hi Guys, I was advising a friend regarding his Barclaycard debt that was sold off to a DCA. (i used to advice on here years ago with the HFO fan club) The DCA in question was in default of the CCA request and wasn't able to produce the CCA (pre-2007) and we left his account in dispute. However, my friend hadn't opened his mail until today and has received a default Judgement as he didn't reply to the claims letter (which he also didn't open until today). The claim was dated around march 15th and the judgement a few days ago. Where do we go from here? -
Hi, I have not been on here for quite some time. My daughter has just received a letter from the county court business centre saying that it is a Judgement for Claimant (in default) The debt was with O2 and the last payment was over 6 years ago (this is why my daughter did not reply to the claim form, she thought it was a [problem]). Any advice on how to handle this would be much appreciated. Kind Regards Bigandy
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I am writing this on behalf of someone else. Where i use the words me i or us means the person involved. Not me. I was employed as a mobile with a well known security company. My main job was to respond to alarms and deal with them. When i started my job off i was told that i was on a gauranteed 24 hour contract (weekly). I was not given any paperwork apart from some paperwork to show how and what i should be doing. I was told be my manager that i would recieve my contract in the post during the next 4-6 weeks. I also emailed my manager and he confirmed that i had indeed signed upto a 24 hr gauranteed contract that gauranteed me work of at least 24 hours a week. This manager left and work was going on well until october when my vetting was complete and i was sent a 0 hours contract by Human resources. I immediately phoned up and was told to query this with my manager. 2 emails were sent and nothing happened. Again in january this year my manager changed and i raised this again with hr. The new manager said he would investigate this. He came back to me and told me that the email i had was worthless and that i was on a 0 hours contract. Worst bit my days have been cut where i was without any income for 6 weeks. Since august last year i have put in several uniform requests and have had 0 back as manager keeps on claiming he has lost paperwork. This is despite sending 2 emails to him. I now come to the part After having nearly 6 weeks without work i started back a few weeks ago. The first night back i was pulled by traffic police and asked why i was watching a video playing while driving. The mobile is on a stand. I told the officer i was not watching i was only listening to the music and mobile was facing other way. Officer gave me words of advice and then took my details and after a few minutes told me i could go. No probs so far. He then phoned my employers and told them he was concerned for my safety. I only found out when a fellow officer came looking for me. As far as i was concerned the matter was finished. I did not log it either. Fellow officer told me that a call had been recieved and that the matter had been escalated to the manager. No probs here. The manager phoned me the follwoing day and told me i was suspended pending a investigation and that suspension would be unpaid. I have been to the investigation meeting and i was shown a picture of me sitting in my van with the mibile facing me. I was told this was taken by the other officer and he was allowed to do this. I have now been told that a decision will be taken and if needed a disciplinary will be held. I have been told not to contact any of my fellow workers. What do i do ? -
Hi, I am new to this forum and new to legal terms and I am confused with what happened in court today. Someone please help me understand? Here is the story. I received an attachment of earnings order for a default judgement I knew nothing about. I enquired and found out that Lowell had applied to court a few months earlier and got the default judgement as I did not get any paperwork. Further, I had written them with CCA request but they never replied I thought that it is over and done with. I applied to local court to set aside the judgement with a witness statement and defence where I explained to court about their dirty tricks and made up evidence etc. I sent all of those documents to Lowell as well so that they could put their side of story in court. what I did not understand was that a day later, they wrote to me with a signed draft order accepting to set aside the default judgment, withdrawing their AoE order application, and paying me court fees, then asking the court for permission to reply to my defence I thought that was a trap I went to court the next day, where I thought that the case would have been heard and judge making a decision. that was not the case, and Lowell hired a local solicitor to put to court the things they said in their letter, judge said to me that was easy and struck out the judgement and AoE order, then set a date for next hearing. I am very confused have two questions; 1. Why the Lowell accepted to set aside judgement and AoE order? 2. Why the judge set another hearing to hear the case when he had already quashed the judgment? I hope someone could answer the above two question. Thanks -
Hi Guys, First post. I was silly enough to help so called "friends" out last year and found myself being owed a good sum of money. It was £1200 in total. They, or rather, she, the wife, did make two payments of £50 into my bank account but thats all I have ever received. I have a print out of a Facebook conversation where she agrees to the 'loan' and its amount and states how and when she would pay me back. I also have a text message string confirming all the details and copies of bank statements showing transfers from my account to theirs. I have never phoned them and always gone for a written form of communication to ensure I have a record. Just before christmas I sent a letter, recorded delivery, to their home detailing all the fact with dates and amounts and stated if they failed to resume payment or make payment in full I would take the matter further. She only text to say she would pay me and she would ignore any letter from the courts. I received no payment. I filed the MCOL and judgement has been passed in my favour by default as neither of them responded to me or the court. I have progressed it online to ask for payment in full by the end of Feb 2016 though I doubt I will get a penny. My question is what would be my best course of action once this deadline passes? I see on the MCOL website I have several options, all of which involve a fee which I am happy to pay if it gives me a reasonable chance of getting some if not all of my money back. She works, part time I believe, and I know where and who for, he works for Royal mail full time as a post man so an attachment of earnings may work. They I am sceptical as I bet they come up with some rubbish showing they have no surplus after bills, which is total rubbish as they are out all the time drinking! I had thought about bailiffs but wondered how effective they are, apart from what you see on TV. Any advice or stories from people who have been through the same would be gratefully received. Thanks Matt -
Hi, I am currently representing my daughter on the McKenzie friend basis in her claim for unfair dismissal on the grounds of discrimination ( pregancy ) We have followed all the procedures through ACAS and we are currently taking her employer through the Employment Tribunal, which has taking about seven months to get to a Trial which has been listed for next week 4/5th February 2016, this was after a previous hearing. Today i receive a letter from the Tribunal stating that the trial might be postponed on the grounds that despite knowing for a number of months that in any event, the trial would be considered by a panel rather than a single judge because it is a discrimination case, to use this as a reason, and so late in the day does not add up, they would have known months in advance that a panel would need to be assigned, so in using this has delayed even further. The Tribunal are also aware that the Respondents are in abuse of process as they have failed to abide the previous order for them to provide a trial bundle, witness statements and further and better particulars in readiness for the trial next week? Because of this we made an application for the Tribunal to make an unless order for this evidence to be giving as all of it is central to the claim and it had been previously ordered. We have also written to the other side and in anticipating the Tribunal not making the unless order, which seems very reasonable, by stating that we would provide our own trial bundle and giving them seven days to object. Since all of this has happened in the last couple of days, the Tribunal as it would appear are bending over backwards in allowing the previous orders be breached and ignored and they have also giving the Respondents more time to defend a claim that evidently cannot be defended because of the circumstances which led to my daughter being dismissed. Whilst i am not legally qualified as to adjudge it would a appear that (a) she has been denied the right to a fair hearing because her opponents have abused orders which if followed would have allowed the trial to proceed and ( b) the Tribunal could have not only made the request for that evidence to be disclosed, in postponing the trial next week, giving those facts and the excuse of needing a panel, which would have been knowledge as soon as pleadings were made, i feel this is unequal and unfair as the Tribunal are not only allowing orders to be breached, they are also giving the Respondents more time to further breach the orders. My daughter i feel has a very strong case and my theory is that because of the strength of her case, the opponents and the tribunal are doing everything in their power to keep this matter out of court. It is hard enough and most times financially impossible for pregnant woman to establish unfair dismissal claims because they are pregnant, the Tribunal who should protect, if my experiences are anything to go on make it even more difficult by allowing employers the right to ignore orders and as in this case give further encouragement for this to happen again by postponing without reason or justification. Any help would be greatly appreciated by this angry dad:mad2: -
I was wondering if someone could kindly help clarify this position. I have a CCJ against me dated for value £2k. The Claim was issued in April 2011 and awarded in July 2012. I understand from speaking to the Court that the judgement has not been registered. The claimant has offered me the opportunity to pay £1k and confirmed on receipt of the payment that they will not object to me making the Court payment of approx. £150 to remove the judgement. The questions are. .1 How would you expect the claimant to proceed? In other words, let us suppose they register the judgement and seek enforcement, Is it legal for them to seek the full value of £2k or would they have to seek the lower value of £1k, which they offered as full settlement. .2 Does Statute barred come into effect from when a Claim is issued or from the date of the judgement? Can Statute barred be actioned, when you have been communicating and rejecting the claimants’ case for payment over many years? This is a dispute with a company who has acted dishonestly.
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aa I've never received a N24 form before, so I have no idea what to do, also I cant seem find anything to do with the N24 we've just received on the site. All we received was 2 sheets of paper, telling us to file within 7 days, & a cryptic accompanying letter sent to our solicitor. I've attached this to the post My main question is what is "an order excluding the Defendants from the property"? Does it mean a lodger ie an excluded tenant? or something else? Is it evicting a commercial tenant? The full paragraph says : " in detail and in numbered paragraphs the background to the dispute and why they are entitled to an order excluding the Defendants from the property" I have no idea what this means ... The accompanying letter to the solicitor said something about varying a residential contract into a commercial contract. I've included the full letter as an attachment. The exact wording about the varying order is: "That the said Assured Shorthold Tenancy bearing the latest date be varied into a business/commercial lease upon registration or obtaining an operating licence with the regulatory board namely Office of Standards for Education Department (OFSTED). " Also is it possible to ask the court to show us the original application or order from the court, so we know what the hell is going on ... The only forms we received said Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. The Claimants must file with the Court and serve on each Defendant by 10-12-2015 a signed and dated witness statement which sets out clearly and in detail and in numbered paragraphs the background to the dispute and why they are entitled to an order excluding the Defendants from the property and which contains a declaration ('a statement of truth*) that the contents are true . 3) When the Claimants do this the application will be placed before a circuit judge who will decide without a hearing when it will be heard: 4) If the Claimants do not do this by the date given, the application (but not the Claim will be struck out) Dated 17 November 2015 Again we have no idea whats going on, please help. Thanks -
Hi, I recently brought a small claim online against a large insurance company (following a recorded delivery warning letter giving them 7 days to respond, which they ignored), they did nothing so when the appropriate time had expired I applied online for judgement against them, specifying I wanted the full amount, plus interest, costs etc, paid immediately (the original loss for which I claimed was 6 years ago). I now have the judgement as of 30th September, and confirmation arrived by post from the court yesterday. The MCOL service show the next step as to issue a Warrant, but it then states that this is only possible for claims up to £5000. The judgement is between £5,000 and £10,000. So, what would you recommend is the best way to get them to pay up? I'm looking for the easiest, rather than specifically the quickest method (though the quicker the better obviously). Thanks in advance for any help. -
I was in dispute with Private Parking Company about a PCN. The last I heard from them was in February after a Letter Before County Court Claim was sent on 31 December 2014. I was away during August this year upon return from Holidays received a Judgement for Claimant (in default) which the Parking Company had filed during my absence and thus I could not file my defence within the 14 days statutory period. I can apply to get the Judgement set aside but there is a filing fee of £155. My first question is if I do so and get the subsequent judgement of the case by the Court in my favour can I claim back the application fee for setting the initial judgement aside? If not, there would be little point as the fee and the claim they won are similar amounts and I will end up out of pocket in any case. I intend to write to the site owner and complain about the underhand tactics of this firm that they employ but am not sure if they can force the Claimant to to withdraw their clam at this late stage and thus avoid any further costs? Is there a procedure for withdrawing a claim once a judgement (in default) has been issued by the Court? -
Sounds familiar!! I thought it was my imagination… I was stitched up like a kipper by the biased district judges!! -
Hi could anyone help please. I have won a CCJ against the BOS. I applied for a money provisions order to register this in Scotland, the CCMCC have cocked this up and just sent a normal Judgement to me but took my £50 for the Form 111 anyway. This is being sorted today so I should have the money provisions Cert on the way. My question is; do I really need to transfer this to Scotland if the BOS have branches in England, in fact do they have branches in England? Google'ing this is unclear as they seem to be connected to other Banks in England? If so then fair enough, but I wondered. Many thanks in anticipation. -
I recently completed claim forms re a debt being administered by Restons Solicitors for £770. I am in the process of setting up a new DMP with Stepchange and working off the budget figures and our other creditors, I made an offer of £5 per month. I received a judgment for claimant today saying the claimants have objected to the rate of payment and the court have awarded them £25 per month. I dont understand how they cant understand this is not possible for us atm. We did provide the budget sheet for Restons to show the £5 offer was all we could afford. What can I do now? Can I go direct to the courts to ask for a redetermination or is there another option. Any advice would be gratefully received. Thank you
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This judgment might be useful where there is a shortfall after a repo'd property has been sold. In this case the lender took the ex-owner to court for it. It wasn't allowed as they'd already got a judgment for the money. It may have been over 6 years old, but the lender was refused judgment as it was an abuse of process due to the money judgment when the property was repossessed. Whilst County Courts Judgments do not set precedents, used properly it could be classed as persuasive. [ATTACH=CONFIG]57724[/ATTACH] -
Hi, I'm looking for advice/comments etc please I was made bankrupt 3 years ago and within that bankruptcy was a loan to a building society. Recently a letter dropped through letter box stating that my wife owed the money and that it was going to court in northampton. Immediately applied on their online service to state that she would be disputing the debt and wrote to them with a request for the original documents to be provided, which they seemingly ignored, the next correspondence was a judgement made against her saying that she was liable for the debt. Have applied to the court (hearing this Thursday 14th) for judgement to be set aside. We genuinely cant recall whether it was a joint loan, or just taken out by me, and wife says that if proven that she will arrange to repay, but as we are not sure, we have taken this course of action. What prospects do you think that we have?
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