Hello! I went to court with my neighbour over a land dispute. I had to withdraw from the trial because I am deaf and the audio loop wasn't working, but the Judge refused to adjourn... This is probably a whole other area, however, the neighbour was awarded costs of £23k and has now placed an Interim Charging Order on our jointly mortgaged house. My husband is not the debtor. I want to know if I can argue that the Award is unfair, not just because of what happened in court, but also because it includes a 100% success fee, which I feel they are not entitled to because I did not receive the Part 36 Offer which the neighbour's lawyers said they sent to me prior to trial. They are unable to prove I received it as they only sent by first class post. The hearing to decide whether the Charging Order is to be made final is in August, and I wonder if anyone can advise what I should do if I wish to object to the award for costs. My husband will object to the Charging Order. What argument should he provide, please? There is little equity in the property, as there is a lot of work which needs doing, including subsidence. The Judge was biased and failed to adjourn when it was discovered that the Audio Loop necessary for me to participate in the Trial, was not working. He instructed the room to shout and speak slowly for my benefit. None did as they were all the opponents witnesses. All of what they said under cross examination was of no consequence. I entered into litigation after much studying, and was confident of success. What went wrong? I am now being taken to court by my opponent for his costs.. £23k.. He is trying for a Charging Order, too.

Under CPR 19.2 (4), can parties be substituted or added after default Judgement? Any case laws would be welcome. Thanks

Hi Not sure what advice anyone can give me and sorry it is long winded. Over a year ago my partner and I advertised for a part time admin person and were approached by a recruitment company who had obviously seen us as a possible lead! We are only a small business, but my partner decided to allow the RC to come to our house and discuss if they could help. I was not keen and left it to my partner. The result being she agreed to meet 3 applicants. She did not sign any terms and conditions, nor was she given any at that time, cost was not discussed at any time. An email from the RC asked us to return and sign them but none were attached. We then went away on business for three weeks. However my partner decided to try one applicant and informed the RC by telephone that she could start 4th Jan 2013 for one day a week. (During the time we were away an email was sent with the costs, which my partner did not pick up due to work etc) We then received an invoice for £980 dated 27th December payable immediately. I was a bit shocked by the cost (as was my partner) and was reluctant to pay as I had no idea it would be this much. I wrote and said that i would pay monthly ( as I believed that should she stop working I would not have to keep paying) We sent a payment and also said that no terms etc had been signed and costs agreed. The RC refused and started legal action and during this period the admin person informed us she was going to do her own freelance work and stopped any more work on 2nd April having completed about 6 or 7 days work in total. I received a court claim form etc. I lodged a defence and after agreeing to mediation I was told they had refused that, and a court date was set for October 14th. The RC replied to the defence and I replied to that and sent copies by registered post to the RC and the court. Now a week before the hearing I was given a date 14th October for an operation, that I had been waiting for, two years waiting, that's why I was on a last minute list if a space arose. I emailed the court and informed them of the operation and apologised for the short notice. I did hope that it would be postponed and foolishly said in the email that if they had to hear it in my absence I would understand believing if that happened they would look at my defence. I got an automated response, and heard nothing more and was out of action myself for nearly 2 months. To be fair I did forget all about it until March when I received a letter from a claims management offering to help after the judgement against us. I immediately tried to call the court and could not get through and emailed again on the 5th march asking for details and why we had not been informed of any judgement. Again I had only an automated reply. We then went away for work for another 4 weeks working and just after arriving back had a visit from the High Court enforcement Officer demanding £1908.35 and giving 4 days to pay. I rang the court again and after a fair wait finally got through and was abruptly told that my defence was dismissed and a letter of judgement had been sent out. I have never received any letter of judgement and would have acted if I had done so. I then applied to the High Court for a Stay and the County Court for a hearing to set aside, and was granted both. In my defence I thought I had a good chance of judgement in my favour for the following reasons. 1.The claim and judgement were not made out to our partnership, which they started with originally but in the name of our other business which is similar in name, but is a ltd company that trades under owns a cafe with different premises and registered office (my old accountants who were still listed on the Companies house website. I imagine they may have been sending stuff there mistakenly, and the HCE officers actually told me that they had gone there and were given my home address by them. I did send proof to the RC that it was the wrong company they were claiming against, in the form of separate headed paper and separate cheque books and accounts. We also have separate VAT and HMRC accounts and they are totally different types of business. 2. We never signed any agreement and only saw any terms and conditions when we were given demands for payment. 3. The RC had two of their employees, who were writing to both my home and my previous accountants. 4. The 'admin employee' had ceased any work after hardly any time at all and why should we pay any more than that. 5. There are other points I raised but those were the main defence. today at the Set aside hearing the DJ was not interested in any of this and stated that the original judge had dismissed my defence and any counter claim. I am certain he did not have any of the original documents from my reply to the RCs reply. I believe he was only looking at my application to set aside which had the email informing of my op, and the follow up email. He said 'what does it matter if the Ltd Company had the judgement as opposed to us personally' he also expressed doubt that I had not received the judgement, and I should have known that it had gone ahead in my absence. He was not interested in my email asking what had happened, or any info from the hospital. He would not let me explain anything, and he favoured the RC solicitor and I got quite upset as he would not listen and refused to set aside the judgement and said I should pay the original cost and court costs so about £1150. He also said he would not allow me to appeal without applying for permission. I am really angry and feel that it was already decided before we entered the room. What can I do now. Any help appreciated Jaw

Today i had to travel to a county court approx 180 miles from my home to contest an application to set a side a judgement. The defendant failed to turn up so the judge threw out their application and has allowed the judgement to stand. My question is; the judgement is for a specific amount of money, however since this was calculated there has been a number of additional expenses that i have had in relation to the case, fuel costs to the hearing and postage of various forms. Is there a way of claim this back? On a related issue, my partner was signed off work for a 6 week period due to the stress that the case put them under, and therefore has incurred a loss of earnings can anything be done about this?

I had action taken against me by a bank for mortgage arrears and they took me to court and obtained a money judgement on a sum of money. They won and were given a Possession Order and MJ on the outstanding balance of the mortgage.. Included in that figure were a lot of legal costs many of which I do not feel I owe. Rather than be evicted I sold up and had to pay the whole lot so the Possession Order was never effectively enforced. However, the pressure they put upon us was very traumatising and that in itself forced us into selling our home of 15 yrs. My Question please: If I prove these legal costs were added to my mortgage wrongly as I assert does that make the money judgement incorrect and what are the consequences of a lender getting the money Judgement wrong, ie..what are my remedies? This involves a lot of money as I fought them so I am not talking pennies here, but they have manipulated the figures and just dumped them on my mortgage balance without advising me, I have obtained a breakdown of them and they were clearly wrong. I am not wanting to either go back into court or use solicitors as I trust no one after what we went through and as this is a self help forum wondered if anyone could advise me on how a)I can tackle this, b) what legally is the position with a wrongly stated money judgement after the property has been sold and the relevance of the court repossession order now dead in the water? Thanks Spot

Good evening, I have to attend court this week as a company that i launched a small claims against has sought to have a judgement set a side. I followed all the steps using the money claim online system, the company filled an acknowledgement of service and then failed to file a defence, they haven't done anything until 36 days after the judgement was issued. One of the lines in their defence letter was that the individual didn't take over the running of the company until a date which they have not entered but they say that the issues i have raised starting 2010 were before they took over the company. However they have been listed as a director since 2006? Has anyone got any advice as to what i should do at the hearing? i have copies of emails detailing all the issues that i have. Also i have paperwork from a 3rd party showing dates that they sent payments which were either delayed by upto 3 weeks or never passed on to me. Any help and or advice would be very welcome. Kev

Evening All, I'd appreciate a little guidance here. Firstly, I live in Scotland (in case that influences any advice). I was issued a bill for £107 for looking after the shrubs and bushes on the estate where I live (I have a 1/258 share to pay). Being honest I ignored previous letters as I don't recall signing for anything to do with this. Anyway, a County Court case was instigated by the Company, and due to go to Court 04/02/14. I work away from home, and returned, luckily, 03/02/14. I immediately called the Company, explained I worked away etc. and agreed to pay the money via a direct debit. Before agreeing to this I asked for confirmation the Court action the next day would be stopped. The Company then consulted their legal team, and said because it was close to the Court date there would be an additional £111 charge to stop it, which I agreed to, So, weeks passed, I heard nothing, until I got a letter telling me the case had gone ahead, and I now have a CCJ! I called the Company, who informed me: Accounts are off sick Their legal team are at fault, and they do not represent the company, therefore its not the company's fault Its my fault I haven't paid (which, in all honesty may have been right). The Court cant stop any action without 24 hours notice I reminded them I'd paid to have it stopped, and they'd taken payments from me. Silence from the other end, and a promise to call back. They then called me back and said they'd contact the Court and say the debt had been satisfied, now to me this is an admission of guilt. Heres my gripe: I'm just about to go for a mortgage after getting my credit rating to the dizzy height of 964, I checked Experian and in big red letters its got CCJ across the top. No mortgage for me then? So, what can I do? I'm actually willing to pay more to take the Company to court, as I've been financially disadvantaged by their error. I really want blood here, the casual attitude, and "so what" response has got me fuming (a Geordie word for angry!) Any advice gratefully received.

Hi. I won a CCJ against someone who has now filed a N244 for the judgement to be set aside, for what I think are spurious reasons. Can I respond to this in some way and object to this application? Thanks in advance for your advice.

Hi Guys and Girls, any help would be appreciated here. I've not paid my council tax since my local Council entered a Judgement against me for Non Payment but I had paid it and can prove it. Long story short they are now trying to go for an Attachment on my house for three years worth of Council Tax. Here's what I wrote to them at them time, this was back in 2011: Dear Sirs, Today received at this address was your ‘Notification of a Liability Order for Unpaid Council Tax” number XXXXXX addressed to Mr XXXXX This comes as a complete surprise to me considering there has been no summons and the council tax is and was paid before the 25th March 2011, the date of your order. Therefore, how could, anyone have appeared in Court and secondly what for, it is paid, so there was and is no liability for the outrageous £120 costs, which amounts to an extortionate 60% interest on £200. Check your records and you will find it was paid before Judgement was entered therefore the Judgement is wrong so there should not be any costs. Based on the fact there was no summons received and there was nothing owed at the time of your Order, this demand for payment is wholly unreasonable. Yours faithfully They wrote back basically saying tough titties. They've sent the Bailiffs round several times and several companies, I've not l et them in and not contacted them about their calls. Now the local Council know I own my own house so have now gone from Magistrates Court to a County Court awrad for Recovery and and Attachment over my house. I never received any notification of a County Court date so could not have attended if there was a hearing. Where do I go from here? I've received Notice from HM Land Registry and must reply by 16th April to stop it. Help pls. Urban Stealth

Back in 2010 l took out a credit card with Lloyds TSB with limit of around £2,500. This account was always kept upto date and paid on time. About 2 years ago l ran into some financial difficulties and relied on this credit card for cash flow. Then l paid about £500 off the card and they reduced the limit by the same amount. This caused me problems so l started missing payments. Made arrangements to pay, etc, etc. No the less it got passed to SCM Solicitors and they wrote to me. The outstanding balance was just under £2,000 and l offered £1,250 as a full and final settlement, they didn't reply. They then took out a court claim, l replied saying l wished to make an arrangement, offered the settlement again and asked for a copy of the agreement, default notices and deed of assignment. The defence was accepted by Northampton however SCM Solictors have completed an Application Notice for judgement in full, immediately WITHOUT HEARING and the Judge has granted this. Firstly how can a judge grant judgement saying no responsible chance of defending the claim when l have requested information. Secondly SCM Solicitors have CHANGED the address on the documents from my home address to my work - l have not requested not authorised this. Finally the application notice from SCM Solicitors to the court is wrong - its states the "sum claimed at £9,709.59". What should l do ? I can apply to have the judgement removed and a hearing heard via an application notice but that will cost £80.00. Why should l have to pay £80.00 when the judgement is wrong, the court has changed an address and l have not been heard

Can't get rid of these muppets despite paying One calls admin fee after they cancelled within 14 days. I don't have a scanner so I will type it out best I can. Judgement Order Listings Court Ballifs Limited Court action notification. Ref: xxxxxxxx Dear Mr xxxxxx RE: one call insurance outstanding amount £201.21 Court Action 01388211 We note from our files you have chosen not cop-operate regarding above debt. If you contact office and arrange a payment plan within the next 14 days a discount 20% will be applied to your file. Therefore your new policy balance would be: £160.97 We recommend you visit our online payment facility http://www.judgementorderlistings.co.uk or call automated payment line. on 01302 513244, using your debit or credit card, or contact one of our recovery agents on 0844 248700. please use the reference number quoted. Yours sincerely, Miss Carla Patterxxx Senior agent Debt recovery department And yes the spelling and grammar was that bad. Anyone reckon they are taking court action or is it a bluff? They are a real Mickey Mouse firm who have threads all over the net about their canceling of polices and ridiculous admin fees. Like I said i paid it but it seems £49 was not enough. Any advice? They seem to be trying to pose as a court or official agency, I might send it to the OFT.

This post is in relation to this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?411709-Other-Party-Changing-Number-of-Witnesses-amp-Unsigned-Witness-Statements&p=4415252#post4415252 The Defendant lost the case today and we're still reeling from the decision. In brief: The claim was on the small claims track (circa £2800). The Claimant was represented by a barrister. The Defendant asked that I could act as her Lay Representative so that I could assist with presentation of the case. This was denied but I was allowed to act as a McKenzie Friend and perform a limited amount of presentation and cross examination for the Defendant. The Claimant's barrister completely steam-rollered the Defendant and was utterly relentless with questioning, so much so the Defendant could not keep pace. I was not allowed to help whatsoever, even to assist in highlighting evidence within the Defendant's bundle so that she could then respond to a question. When I tried to do this I was told to sit away from the Defendant for the duration of the cross examination. Part of the Defence involved relying on the Doorstep Selling Regulations as the contract was formed inside the Defendant's home with the trader. Trading Standards had previously told us the contract was unenforceable as per these Regulations (specifically Regulation 7). The Claimant admitted to failing to adhere to these Regulations in their Reply to the Defence. The Judge ruled that Regulation 6 applied to the contract as the trader visit was solicited by the Defendant, hence the contract was enforceable. On the topic of poor workmanship, the Judge ruled that although there were aspects of poor workmanship only a small amount was deducatble from the Claimant's invoices, despite clear evidence to the contrary i.e. the fact we have paid a third party to resolve the problems. The Judge made several key mistakes with the evidence in her judgement, refering to incorrect documents and also recalling previous statements made within the hearing incorrectly. The Defendant has been ordered to pay the Claimant despite already paying another contractor to finish and remedy the poor workmanship, around £2800 including costs. All-in-all, we felt that the Judge has failed to consider all the evidence in the case. There are a ton of mistakes in the final judgement that are at odds with the evidence provided by both parties. The Defendant was bullied into submission by the Claimant's barrister and this was allowed to happen despite the fact the Defendant is litigant in person and she was denied a lay representative. The Judge has also made a clear mistake with the law and has taken Regulation 6 completely out of context. It did not apply to this contract! Where the heck do we go from here? The Defendant recently lost her job (Compulsary redundancy) and has spent all her money getting the problems resolved with a third party? We feel absolutely let-down by the legal system - the hearing was a total farce from start to finish.

Hi all, Need help please I had a county court judgement against me on June 2011 I did not received the court form all i received was a letter telling me there was a court and you have to pay this amount, it was a car insurance broker i had annual insurance after few months I had accident and i got courtesy car Ii change the insurance on that but the broker told me you have to have the logbook on your name or have at least 6 months lease on your name, so i had to cancel the insurance my naivety was there when they ask me to put in writing to cancel and i did. I am planing to get mortgage but because of this county court judgment against me my chance are zero what would be the best action to take pay the CCJ in full or appeal against it which i had to pay nonrefundable £80 pound the amount is under 600 pound. I think CCJ stay on credit record for 6 years? i do not know if i pay that will it be removed? I hope it is clear and not confusing, sorry if it is too much to read any help appreciated. Thank you very much. 'i hope it is the right place to post.

Hi there all, I'm new here so I hope I have posted in the correct forum. I have received a court letter - Northampton County Court. Claimant HSBC bank. It is for the amount £2,938.41. It was assigned to the claimant on the 8/12/2011. With court costs it amounts to £3013.41. I don't know what to do? Issue date was the 2nd of December 2013. I live in Wolverhampton and cannot travel all the way to Northampton, plus me being at work everyday. This chase for this money has been happening since 2007. I had a letter saying I had an overdraft of this amount. I have never had an overdraft of this amount. I asked them for proof, a credit agreement or anything saying I had it and they said there was no credit agreement and that the account was no longer open that it was closed? They also said that you don't need an agreement for an overdraft? I am puzzled! To me it seems a bank can just accuse someone from out of the blue of having money from them and take you to court? I have not heard from them for ages, then this has just now turned up out of the blue. First letter I had was from a Central Debt Rec in 2007. I asked them for proof that I had it as I have no memory of ever having that amount of overdraft in my lifetime. They sent a letter saying it had been passed back and would contact no more. Then I had a letter from a DG Solicitors also in 2007. Asked them the same. They passed it back. Had a letter from HL Legal in 2008. Asked them the same. They passed it back. Had a letter from Capquest Debt Rec. also in 2008. They passed it back. Had a letter from Scotcall also in 2008. They passed it back. Had another letter from a Lewis Debt Recovery also in 2008. They also passed it back. But it was the DG Solicitors that sent me information regarding the agreement. They told me that: "Section 78 of the CC Act 1974 does not apply to current accounts. That the current account is not a regulated agreement because it provides no credit. The overdraft agreement provides credit and sits separately from the current account agreement. Credit agreements normally have to comply with part v of the consumer credit act 1974. Part v covers the form and content of the agreements, signing of agreements and duty to supply copies of unexecuted and executed agreements. However, current account overdrafts are given specific exemption from all the part v formality requirements by section 74 (1) (b) of the act. This exemption applies only when the OFT grant a determination under section 74 (3) and this was given for overdrafts on 21st December 1989. The consequence of this is that there is no executed agreement for a current account overdraft andso section 78 (right to demand a copy of the executed agreement) does not apply. In respect of your request for a copy of the original signed agreement for account number ********** , we confirm that it is not been possible to locate these agreements. However there is more than sufficiant evidence of your entry into an agreement with the bank and the variation to the terms and conditions of that agreement over the years. We would also point out to you that you have been informed that the account is closed. Although there is a debt owed by you there is however no longer a live agreement with the bank and the variation to the terms and conditions of that agreement over the years." That was sent to me dated on letter - 28.08.2007 I have not heard anything since until now. Would be grateful to hear some advice. Thank you, John.

Good afternoon all We have periodically received letters chasing a £1084.24 debt for Lloyd's tsb. The debt was either an overdraft or credit card and is appx 8/9 years old. Latest letters from Lowell's and Hamptons which threatens to pass to Fredrickson international Ltd who will apply charging order, warrant of execution etc. What should I do? Also we had failed IVA with debt free direct appx 7 years ago and other than annual statements from one creditor, Tesco we have heard nothing. We owed around 5 creditors appx 40,000. Should I worry? I think about it every day. Finally in process of selling house where we will have small amount of equity(30,000) Will this be affected? I guess no chance of a mortgage? We have no further debt, loans etc for 8 years. Help please:smile:

Hi Last week I received a Notice of Issue of Warrant of Execution from the local court office with regards to a sum of £590.87. The claimant- LOWELL PORTFOLIO I LTD. I had no idea who Lowell were and have tried to find out what this debt was. Since found out that they are a debt collection agency buying debt from catalogs etc). I then came home today to find a slip of paper posted through my letter box from hmcs (Her Majestys's Court Service) with a note from a bailiff telling me to contact them urgently and the amount of £590.87 scribbled on the slip of paper. I then did some research on the internet and it appeared I would be best to complete form N244 (to apply for a set aside) and hand in to the local court office as soon as possible. I also had a look at my credit file whilst online and found that LOWELL had registered a County Court Judgement against me which I had NO IDEA about. I was shocked to say the least and was in a bit of a panic to be honest. Whilst on looking at my credit file I could see that this debt was going back to at least 2009 and had started out at around £200 and charge after charge had been added. I then rang the bailiff to advise them of my intention to hand in the N244 whilst I tried to establish what this debt was for. I also notified him that I had received no papers regarding a CCJ. The bailiff then advised me not to apply for a set aside via form N244 as this would cost me £80 and I could possibly be" throwing money at the wind". He said I would be best contacting the solicitors who were dealing with this debt and asking them for the full details of it. He then went on to give me the solictitors contact details. He advised me to call him back as soon as I could after speaking with the solicitors. I called the solictors but they are closed until tomorrow. My intention is to call them first thing tomorrow. Any advice is welcome. Thank you

in May 2010 I had a CCJ appear on my credit file, not that I knew about it until around 2011 as I wasn't checking my credit file at the time. the long and short of it was that I sold an item to a guy on a forum, it arrived "damaged" so I claimed compensation through the insurance of the courier, and asked that the item be sent back to me. The guy never sent the item back and I never had contact with him again, I assumed that he was a [problem]mer as I wasn't going to pay him his money until I had the item, otherwise he may have been quids in. Well I moved address, and it seems that he applied for a CCJ against me, which as I moved and no longer resided at my address that he was familiar with, papers must have been served and as no reply was made, the CCJ was granted. It's for the whopping grand total of £130, and if I settle the CCJ, it will still remain on my credit file, so I'd rather get it set aside on the reasons that I didn't receive any paperwork, was no longer living at that address, and the fact that I believe he shouldn't get a penny as he never returned the faulty item. I contacted the courts in Northampton with my set aside application and also an application to wave any fees, as I receive a few benefits and as the fees are also almost the same cost as the CCJ in general, why should I pay for the courts mistakes? as advised by them, I send them all my copies of housing benefit, council tax, tax credits etc... proof and they write back saying they need 6 months bank statements. I then send that in and they write back saying they need me to highlight all of the appropriate benefits on my bank statements (even though it clearly says) and send it back. They then write back saying they need the proofs with the bank statements together. I send this off and they write back asking what the small paypal deposits are for items ive sold on ebay (old stuff that i no longer need). I feel like every time i send off what they ask, they ask for something more and to be honest it's doing my head in. I feel like the time this CCJ is sorted, the 6 years will be up anyway. Is there any way I can get help with this, as it's stressing me out and just want it off of my file as I don't believe it should be on there anyway, and with looking to obtain a mortgage in the next couple of years, I can't afford for it to be on there. Many thanks

Hi i am panicking after returning from working away for 12 months and finding a county court judgement for 991 pounds (by default) in the post. I have just applied for 'stay of judgement' to have time to prepare my case. The court has wrote back asking me to explain the nature and details of my defence. To give you full background, the debt stems from an old midland bank credit card. I placed the account in dispute on the 16th june 2011 after hsbc failed to provide a signed agreement under section 78 of the 1974 credit act.(i enclose the overdue response from them in pdfs) I heard no more about it until now. It seems the debt was sold on to MK rapid recoveries when i was away. If any anyone could kindly help me out with regard to how i formulate my defence, i would be extremely gratefull. M

Just watched the video on how to post so i went to welcome to the consumer form trid to post and it said i have to post in the right section which section relates to the consumer credit act 1974 and 2006

I had an Order for possession (suspended) issued by the court which had a money judgement for an amount against a mortgage. I then sold the property which was agreed with the mortgage company and hence the suspended order. This was done for Probate by the way if it makes a difference. The mortgage company then sent us via our solicitor, a redemption statement, for a much higher amount. I wanted to know, is the money judgement the amount they should have received after the sale of the property, or were they taking the mickey which extar fees and charges etc?

Hi.. My partner received a Judgement for claiment(in default) this morning ,the claimant is welcome finance, he took a loan out a unsecured loan for £3000, unfortunately we had a fire 4 and a half yrs ago and destroyed everything we had, we have moved 3 times since then.and now 6 yrs later he got this letter ,N30 and looks photocopied, Northampton county court and has a claim no, the claimant is claiming 5109.68 which is outrageous, do i phone the court and check to see if this doc is real? Im not sure what to do after, please can someone advise us.. Regards jen

Hi Hope you can help I got a general form of judgement or order from dartford county court. This was a surprise as knew nothing about going to court for anything . It's states : Upon application of 12tg June having not been lodged at court until 17th June the claimant ( south east water) having failed to comply with CPR 71.3 or 71.5 It is ordered that 1- application dismissed 2- the court has made this order of it own initiative . You are entitled to apply to have this order set aside, varied, or stayed but must do so within 7 days from the day on which us order is served upon you or such a other period as may be directed above Dated 13th June This is all this letter says and I can get hold of dartford court to find out what this is what I do!!! I've now had a bailiff at my door twice demanding money and I'm not sure whether I should be paying something or not as I read the letter that it got thrown out of court and the bailiff letters have that it went to court in February!!! I'm very confused and if anyone can help I'd be really thankful

I replied to the response pack I got sent on the 9th July, said I was willing to settle but I could not pay the whole lot up front and did not hear anything from Dryden Fairfax and then got a judgement yesterday which was dated 16 July! I would have thought they would have the decency to reply to the response pack I sent them (it stated to send all documents/payments to them). I'm really annoyed as I assume I now have a CCJ? I'm calling the court people in the morning to offer monthly payments and to stress my angst. Any suggestions on what I should or should not be saying?

This in relation to another thread I have but just running an idea through my head. Say someone is issued a judgement and later a charging order. 5 years later they discover that the claimant had no right to issue the summons because the debt wasn't legally assigned to them. Obviously the judgement can't be set aside but in theory could the defendant point this out to the claimant with a demand for payment equal to the judgement, which if not satisfied ie by clearing the debt/charging order, the defendant then issues a new summons for the same, on the grounds of fraud by the claimant (letter issued saying debt had been legally assigned when it hadn't been) Am I right in believing that the OC must notify the debtor in writing for a legal assignment to be valid? Also would the original CCA have been passed on to the buyer of the debt at the same time?

Hi there I was just wondering if I could get some advice. I was telling a friend of mine who works for a debt recovery company about my CCJ and and how i couldn't understand how this company got a judgement against me in the first place and where the figure was derived. He was of the opinion that to get a CCJ for consumer credit act debt the company would have to have the correct evidence including a copy of the loan agreement. I rang the company today and asked if they could email it to me but they said it was too long ago and they didn't have it. How on earth can a CCJ be awarded to a company that (yet again has changed its name) without knowing the actual details of what is owed? The company also have a charging order based on this judgement and its got me thinking that it was obtained incorrectly. The CCJ expires this September and I never ever questioned it because I assumed that if a judgement was given it must be correct. Apparently, its nothing more than a paper exercise. Many thanks