A Summary judgement was obtained against my son in the sum of £130,000 by an energy company . they have issed these bills saying that My son was responsible backdating 5 years of electricity as they think my son was unable to sublet his premise therefore they now deem him responsible from 2005 to 2010. They have already been paid for a lot of this electricity by various third parties whom technically my son leased the premises too. Further more my son was threatened by his father to have the lease in his name. The lease also had an asignment to it which added on another party to the lease who was actually responsible for the bills. My sons defence was nil as Claimants have ignored our attempts earlier to sort this matter out. The energy company solicitors served papers at different addresses where my son no longer lives. I have tried to keep him from the stress of this matter. Also the electricity company have used estimated readings and instead of 7p charged 17p and have failed to mention that they have received many many payments for the same electricity We have evidence from one company that ran the business that in 2006 to 2008 they paid in excess of £40,000 . . At no time did my son ever run or have anything to do with the property. I attended a hearing on 15th October apparently the solicitors have served papers for a year and a half but my son did not have them they have lied about the bills overcharging and charging for same electricity twice. The district Judge said my son had no defence (I had in actual fact put one in thinking they didn’t stand a chance but it was rubbish can I get into trouble for this) They issued summary judgement only because my son has failed to deal with some points . It was always understood with the brewery that the business was sub let they even admit this in a letter. They are now claiming for 5 years worth of electricity at over inflated estimated reads they have also failed to give full and accurate information to the courts I want to know how we can get the summary judgement set aside as my son did not defend himself. The Judge was very angry that my son did not attend. (He was ill anyway but also I had not told him too). I dont think they will accept anything less than a top argument and I dont have the money to defend this. Any assistance will be appreciated.

Ok all, Apologies, this is gonna be another part-rant/part-informative thread. I had a letter in middle of August this year from CapQuest, advising that they have recently obtained a CCJ against me and expecting me to contact for payment etc etc etc. Following, some quite extensive investigations, i've managed to find the following: This is in relation to an old T-Mobile account which I vaguely remember having around 5 years ago. Lost the phone with about 5 months left in the contract, and rather stupidely didnt pay the bill expecting the insurance to cover it. During my time at previous address, I had no correspondence whatsoever from CapQuest, no calls, no visits, no letters. In January 2012, CapQuest credit searched me, obtaining my current address - No contact was made to me at my current address either. Having discussed with them recently, the residents of my previous address told me that around February / March they had a visit from someone called Scotcall (an acting agent of CapQuest) and that they had advised no longer at this address, and provided my current address. I was only on the electoral roll at my new address, registered October 2011. CCJ was obtained by default in May 2012, at my previous address knowing full well of my current address and my inability to defend. CapQuest then sent a letter advising that a CCJ had been obtained against me, to my current address in the middle of August and that I should make payment. Obviously as we're dealing with a higher level of debt here, I was obliged to offer any form of payment. A 'without prejudice' payment schedule was setup, and the first payment taken out at the end of September. Now knowing full well that CapQuest had applied for judgement in a previous address when they had full awareness of my current address, and being able to prove this with various means, documents etc. Considering I have made payment without prejudice, is this grounds for a set-aside? The delay from mid-august to now, has been finding all documentation, speaking to occupiers of previous house etc. They filed for CCJ in my previous address knowing that I wouldnt be able to defend, even on one of their letters it states "Enforcement action via the CCJ was never persued, to prevent a higher amount of debt" - so in other words. We filed for a CCJ knowing you couldnt defend, so that we could say 'Look, we have a CCJ, now you gotta pay us'.... As always, comments / questions or advice are appreciated. Thanks

Hi I am hoping to get som e advice, please bare with me though as I am totally new to all this. My partner has been suspended from work following a preliminary investigation, the investigation began on August 21st when an anonymous letter was received by his Area Manager claiming he had been for want of a better word skiving work and coming into work with a hangover. His area manager immediately accused him of lying, prior to any investigation and removing him from incentive (bonus) in effect punishing him without giving him any opportunity to defend what he was being accused of. He was questioned at length regarding his whereabouts over 1 1/2 days in July, specifically 4 hours one afternoon, and 2 hours when he came home due to a Migraine. He can account for his wherabouts for the 4 hours on the afternoon, despite the maliciousness of the letter accusing him of being elsewhere, the evidence they have produced in a screen shot of my partners Facebook page!!. Being accused of a hangover was actually a Migraine, and the only thing he did wrong regarding that was that he didnt follow procedure by letting area manager know, but he did let his colleagues know. Roll on lasr week when he was again called in for a second meeting, beleieving that as he had accounted for his whereabouts that the investigation would be finalised and there would be no case to answer. The second meeting was drawn to a conclusion by the investigating officer, who then adjourned the meeting and told my partner that he had to consult HR as he was thinking of suspending him. My partner was shocked and upset, he has worked for the company for 5 years, is in a senior management role and has an exemplary record. He was suspended at the reconvening of the meeting, he was so upset as he has done nothing wrong apart from the minor indescretion of not informing his manager that he was going home ill. Today a full 6 days after suspension he has received his letter advising that he is suspended for "unauthorised absence, intimidation of staff and breach of trust", apart from having to wait 6 days, none of these were mentioned verbally by the investigator, he merely said he was suspending him "to protect the business" I am stunned to be honest that they have invetsigated on the basis of an anonymous letter and a Facebook page print off! For his part he hasn't been sat around doing nothing, eventhough we weren't sure of the content of the suspension letter until today, he has been collecting specific policies, and has been putting together a statement and his own evidence that challenges every aspect of what was in the investigation notes , the only bit he can't skirt around is that he SHOULD have contacted his Manager when he went home ill. I don't really know what I can do or say to advise him

Hello About 18 months ago I got a letter through the post saying that I had parked my car illegally at Castlepoint Shopping centre from the above company at the time someone told me about this site and I came on to check because I had recently had an operation and others were using the car as well. My badge was apparently in the windscreen and out of date This I am not sure of as I had reapplyed for it during my recovery from the op and i was unsure which carer it would of been to use it. i did as you said on the posts and ignored all the letters that were sent to me from this company and now I have a county court letter saying I owe them £180 I dont know what to do regarding this and since being back on the site it is still saying the same things ignore. I need help with this and am notsure where to turn to. I have never used a forum before so any help would be appreciated. Thanks Lisa PS I have been an amputee for 10 years and have always had a blue badge and it only lapsed once during this operation. I dont know who was driving the car on the date they stated so cant give it to them as i had both professional carers and friends and family using it.

Hi Guys I have been paying Nationwide for a cc which I defaulted on last year but set up a payment plan with KPR at £20 per month. They sent me court papers to ccj it presumably with a view to co. I filled in the papers and sent them back to Nationwide who are saying they didnt receive them so had the judgement by default. I rang the court who told me fill in the forms etc and have it redetermined which I did. I enclosed copies of letters etc one which is of KPR offering me a 75% reduction yet when I rang them they denied it!! I have today received forms back from the court saying I need to pay £40 as it was never determined in the first place so cant be redetermined. I feel loathed to pay them £40 for an error on Nationwides part. Nationwide have written to me since saying they are willing to accept monthly payments if a co is granted. Do I pay the £40 and have the judgement relooked at or do I carry on paying the £20 every month and wait until they ask for the charge order and then produce my papers etc and hopefully get a payment plan. I have since been advised if it happens again to only send the paperwork to the court. Feel so down over this Nationwide are so callous in the way they work they already have 2 ccj on me but have spread them over a year so it feels that ist has been going on forever. All help is much appreciated.

i will try and be brief on this one as baliff issues is not my thing an ex collegue at work has been having problems with HCEO he had a ccj for 6.5 k, with costs 7k the claimant set their dogs onto him via HCEO and all he is paying is £10 a month due to his employment status. HCEO are now saying they are going to start and charge INTEREST on the outstanding amount. the ccj judgement states judgement for the claimant and must pay 6.5 k (and interest to date of judgement) with £500 costs so my question is can HCEO charge post judgement interst when the ccj judgement is interest up to the judgement date and states nothing about post judgement intersts

Hi all First time on here. Have had a few ups and downs with my finances in previous years but have been trying to get on track for some time now. Haven't felt the need to unburden myself - but I have a massive problem, and I am just in a state of shock, and would welcome any advice that may be forthcoming. I have received today, dated the 25th July, a Judgement for Claimant form in Northampton County Court. The debt is for £2,469.35 for debt, £155 costs, and to be honest I don't even know what it is for! There is no detail. There is no explanation, and I have no idea what this debt is for. I have also received a letter dated 29th July stating that the claim is to be transferred to Nottingham County Court for enforcement. Of interest is that I do not even have my date of birth given - so do they not know it?? - and also they have slightly spelt my christian name wrong. In short, I would welcome any help or advice. I do not even know what this debt is for, I have had no letters from Robinson Way, and by reading about them on here very quickly today, it looks like there is a lot of negative publicity about how they do business! Who do I write to? What are my options?? If I have incurred a debt, or there is debt outstanding, then fine. I will face up to my responsibilities - but I cannot understand how anyone can do this without some form of interaction, & potentially impose something upon me that could potentially ruin my medium term future. My job could be at risk, and any credit I seek now is completely out of the question for years. Sorry for the sob story - but any help will genuinely help someone new to this. Thank you for taking the time to read this.

Hi, My 1st post to this site, feel encouraged that I have found the right medium after reading of the similar situation of other subscribers & the assistance that other members are prepared to offer, truly humbling... I have a had CC judgement against me. This was via a District Judge at an application hearing & the judge gave a summary judgement. I had originally gone to court as, after a protracted SAR request for a credit card taken out in 2005), I rec'd an application form (signed by me) but with an incorrect address (the address used was my parent's address that I had not lived at for approx.15 yrs. MBNA argued that the address was not a prescribed term (schedule 6) under the credit consumer regs 1983 & that the application form when signed by an authorised officer of the company at the time became the executed agreement, although they did not send me a copy within the 7 days required as the original address was wrong. The judge agreed. I was unable to present any evidence of the credit file that was rec'd 30 days after the original hearing date, as MBNA's barrister had arrived late for the hearing. I had argued that the file was incomplete, offered 3 other trial judge's summaries as to why the "agreement" was invalid & that it was not an agreement but was an application form. I have to this date rec'd an incomplete credit file but I can prove from it that I had had a previous credit agreement from MBNA & that they had written to me at my correct address approx. 12 mths before the application form that was signed in 2005. The credit file sent through to me contradicts what was in the sworn testimony of one of MBNA's claim managers. To cap it off, I have today found my copy of the original agreement with what would have been the correct address (& which is different to the copy supplied to the court). MBNA have stated under sworn oath that the what they presented was the original(not reconstituted) copy of the agreement that they had in the files. I am deeply worried as the judgment is for approx. £16,100 & I do not have those kind funds available. MBNA have made it clear that they will go for a charging order etc. I got a young family & I am worried that we will be made homeless.

I know that if an employer does notcomply with the ACAS Code of Practice concerning disciplinary procedures and anemployee is dismissed the employee can claim unfair dismissal and ask fordamages. However I do not understand what happens when an employer does notcomply with the ACAS code of practices because he does not use a propergrievance procedure. I would like to know if this case also the employee canask for damages to the Employment Tribunal

Hi all. I know these have probably been done to death but my searches haven't found my circumstances, yet. I'm sure it's out there though and I'll keep looking. 11 years ago I got divorced. She dropped all our debts on to me. I defaulted. As I had a new wife and son I didn't declare bankrupcy, but maybe I should have! Anyway there are still outstanding debts. A couple of weeks ago I recieved a Claims form and response pack for this debt of £1195. I do agree that I owe the money but I have no way to pay it back. Nor my mortgage, other debts... sigh. I am employed, but it's not big bucks. On checking the dates and the time period allowed I had just 6 days to go! I'm sure they deliberately leave it late to send them. Anyway, I did respond, I filled it in, sent it back with 3 days to go. This morning I recieved a Judgement for Claimant (in default). They have added £167(!) for costs and obviously want it all now, saying "You have not replied to the claim form". I have the scanned and dated copies of my response. Can you advise on how to best respond please bearing in mind I DID reply? Thanks. Mike.

I received a county court judgement in 2006 which was accepted. I never heard from them for 6 years now a company has taken it on and is demanding money; can any one advise me what to do.

I have recently had a judgement against me, which was rushed through without giving me a proper opportunity to defend the matter [another story], but i managed to source funds to repay the debt in full. Whilst the funds were being sourced, i continued contact with the solicitors updating them as to what i was doing. This was done over a 2 week period since the judgement was issued. The final judgement included costs and interest. The solicitors have now written to me and added another few hundred pounds in costs! Can they do this? If so, can they enforce it? If not, have I any recourse of action? Any assistance would be gratefully appreciated. Thank you.

Hi All, This is my first post in this forum and hope I am in the right section. I went to small claims court to recover my tenancy deposit from my previous landlord. He failed to secure the deposit, so the amount I am claiming is 3x deposit, which is close to £3000. I went to court (using online moneyclaim) two years ago and got a judgement also. Since then, did not do much, other than just sit on it due to various reasons. I now want to persue the matter further. But I am not sure if the LL lives at the the address I have. I am sure he still owns the property. Am I too late in trying to enforce the CCJ? What chances I have to get my money back with out really knowing where the landlord lives? Many thanks for viewing this post. Vikram

Hi people just thought I would ask what you think of this. on 10/10/2011 I bought a clio 2001 from a guy in auto trader advert said he was a trader car was not sold as seen or anything anyway I went to se car and he took me around block in it seamed ok.I had a car that i was going to scrap but it had mot and tax so he said I wuld take your car off you he wasn't interested in even looking at the car. I paid him cash and give my car in he said ill deliver it anyway next day I went to use car and warning light started to flash people were saying take it back but silly me didn't.Even eight people said so I have lots of witnesses too anyway have tried everything but looks like its the head gasket Looks like this guy knew all a long what he sold me and he even sold mica or tried to for over 500 pounds even though it should have been scrapped. I dont think that there is anything that I can do now but just thought I would ask anyway I know I have done a daft thing Thanks for your time in reading this guys/gals

Hi All, I recently put in a claim against EON Homecare for a few hundred quid, and when they didnt respond, requested a judgement by default, which was granted. The nice folks at Northampton CC have even sent me a copy of the judgement sent to EON, ordering them to pay the amount claimed, plus the £35 charge for filing the claim. That was a couple of weeks ago - and not overly surprisingly, EON havent rushed to pay what the court have said they now owe me. My understanding is that my next step is Warrant of Enforcement - which through MCOL would cost £100 (which is added to what EON must pay). However, reading around I've read comments that county court bailiffs are fairly powerless - if EON refuse entry to their premises, the bailiff can do nothing. I've also read about some sort of delay that they can request? Also, some sort of option they have about claiming they never received any of the paperwork the court sent out (only sent 1st class, not recorded or anything as far as I know). I can see me paying the £100 for the Warrant of Enforcement, and still not seeing any money. Can anyone clarify my understanding for me - what my options are, what EON's options are .... and advise of the best way forward etc? Many thanks Steve

Hi. I've just requested Judgement in a Small Claims Case I have against a Government Department for non-payment of a debt to me. How long should I expect it to take for Judgement to be made and issued through Moneyclaim and Northampton County Court? Agi

Hi I have recieved court papers from Bradford for an outstanding amount in respect of a credit agreement with RBS. I think I need to acnowledge service to give me 28 days to defend and then send someting to Arrow to provide me with paperwork, though I am unsure as to what to do next, they sent an agreement of sorts to me a while back: http://www.consumeractiongroup.co.uk/forum/showthread.php?128999-CCA-from-RBOS-Valid I am usure if I can defend this and if so, for what reason... Sorry to sound thick.

Here's the chronology 1) Claim received - two card debts rolled into one 2) Returned a defence of statute barred 3) Cabot wish to continue, transfer of proceedings 4) Send CPR 31.14 Request, as I am keen to see some documentation 5) No reply to CPR request from Cabot 6) Cabot send over copy of their completed Allocation questionnaire - they would like to try and settle, requesting one month stay, in the reason box they state " the claimant shall endeavour to provide advance disclosure following which mediation may be appropriate" 7) I post my allocation questionnaire - not looking to settle reason: statute barred defence plus Claimant has failed to respond to my CPR request. Send copy of CPR Request with Allocation questionnaire. In the future applications box on questionnaire I state "yes" and "N244 Compelling disclosure of particulars of claim." That's where I am right now. I want to make the correct N244 application / order for direction etc to get this Claim thrown out. A) I think that my current route of CPR 31.14 request followed by N244 compelling disclosure may be weak as the Cabot POC is deliberately vague and they can potentially rightly ignore my request. B) I have heard another option is CPR 16 with a N244 requiring claimant to plead their case effectively. C) Maybe there are other CPR routes that can be taken? D) Can i easily get a "Summary judgement"? What do the Forum Experts feel is the best route for getting this thrown out? I would greatly value any advice.

PLEASE HELP ME , i had a ccj against me in 2006 for £17.5k and with interest plus court costs it came to about £21k i was told to pay £40 per month but then i got made redundant i could not keep up payments i panicked and did a runner {I know i could go to prison} - no you cant!! i got a letter from HL Solicitors acting on behalf of Lloyds TSB who said fill in attachment of earnings order and make an offer of repayment or they will enforce the suspended attachment of earnings which was £40. My question is can i go back to the district Judge and ask him to lower it again or even write the debt off as i only work part time doing 2 shifts a week, £40PCM does not even cover the interest on this the debt is growing by at least £100 and i cannot physically do anything about it, Please advise me what to do my fellow caggers.

hi all, i have a judgement for £3180 against me for a college course and wages. however, ive just found out that the company lied in court and said they paid for the 2 years but the college sent me a letter which states the second year was not paid for as i didnt do the second year. the company has just received a ccj against them for £5000 too and has told his customers that he has folded the company. what can i do now? how do i get the judgement changed and what happens cause he lied to a judge? need some advise urgently as need to get him into court asap

Hi all, The company I work for recently took a client to court and won the case. However the judgement was issued in favour of the defendant by mistake. We quickly got the court to amend the judgement, but it has affected the companies credit report. How can we get this wrong judgement removed from the companies credit report? Any help will be much appreciated. Thanks in advance.

Hi I hope I am posting in the correct place. Just before Christmas I was issued with a county court claim from my childrens old school. I had refused to pay them the terms notice, due to issues we had had with the school and the education they had received for 18 months the did not pursue me for the money until I received the claim. I have filed a defence and also issued a counterclaim as I believe the school did not provide the services which we had paid for previously. I received a order from the court stating that the claim would be listed for trial and giving provisional dates. It also stated that the claimant had to file a defence to my counterclaim and serve it on both the court and I by yesterday. I have not received a copy of the defence so I presume that they have not completed one. I was wondering can I now enter judgement by default if so which form do I use to this. I want to make sure I do everything properly as not to hinder my defence in anyway. If anyone can help I would greatly appreciate it. Thanks

Hi I wonder if any one could help I have a credit card with the 'AA', my husband signed up for it at the Dover port, he was going to france for a day trip, this was in May 2004, can I send a CCA request and how has other people been succesful or not. The credit card is owned by BANK OF SCOTLAND GILL5BLUE