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  1. I have been away fro a few days and came home to a claim form for the northhampton county courts. i have no idea what the debt is for, just an idea but no proof for what it is for. whats the next steps? attached the form so u can see the particulars of claim if you cant see the document properly let me know and i will try again
  2. 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.
  3. To keep it as short as possible I have managed to help my partners son to get as far as a Final Charging Order on his Uncle's house- his uncle ran off and spent the family inheritance. I have now received a General Form of Judgement stating: Before District Judge xxxx sitting at Bury County Court, The Court House, Tenters Street, Bury, BL9 OHX. IT IS ORDERED THAT 1. The Person representing the Claimant, namely the Mr xxxxx, having no locus standi before the Court the Charging Order made herein on the 25th October 2012 is revoked and the contents of the oral exam executed on the 17th October 2012 will be struck from the record. Dated 8 November 2012 At no time have I represented the claimant other than help him complete forms and served orders on the defendant. All applications have been signed by the claimant and we used my home address for convenience. At the Application for a final charging order I was given permission by the District Judge to speak on behalf of the Claimant who was also present (I also have a temporary General Power of Attorney) - answering one question about costs. The judge then made the order final. I had no knowledge of any hearing to revoke the order. Can I complain to the court? Advice appreciated. Chris
  4. Hi, I hoping that someone can provide me with some information on how best to enforce a Judgement? I'm going to try and keep this as brief as possible. I stupidly allowed a "friend" use of my credit card, whilst they were going through a tough separation the intial agreement of the loan of my card was to allow her to purchase essential items to support her two young boys which she was struggling to support at the time. However from reviewing my credit card statements I found that she went on a spending spree, spending approx £5000 in less than 2 months. Once I discovered this I took my credit card back and was promised that the money would be paid back in full. Over 2 years later and despite many promises and assurances that money would be deposited into my account, I've not received a penny. Instead I was fed a series of lies about how there were complications with payment and authorisation from her parents being required before she could transfer money from her savings account etc. After getting sick of the excuses I sent a letter of demand along with Credit Card statements, copies of emails and text messages in relation to this matter, advising that unless the debt was either paid in full or a payment schedule agreement was put into place I would be left with no option to take the matter to a small claims court. After 14 days with no response, I filed a claim with the small claims court, to which she never responded to either. As a result I have now have an issued judgement by default for £7500 which includes all interest and costs incurred. My question is what is the best way to proceed to enforce this judgement, I have done some research myself and have narrowed it down to 2 options: - N337 Attachment of Earnings Order - As I know her current place of employment, the date she gets paid and approximately how much her annual salary is, this is a potential option, however due to the total amount owed complete payment of the debt I imagine would span over quite a long period of time. - N349 Third Party Debt Order - Although the least successfully of enforcement processes through the whole repayment saga, I have been led to believe that she does have the money to cover the debt, although the money is tied up in high interest savings accounts from which she requires authorisation from parents as guarantors before she can gain access to the money. (If this was the case though it seems odd that the debt has not yet been settled) She is also now back living with her husband who has a high paid job. However my understanding of this order is that only assets in accounts where she is named the sole owner off can be frozen. Also I'm not entirely sure which banks and building societys that she uses so I would have to file a N316 Obtain Information Order, to find out the true extend of what she actually has, this process requires her to attend court and provide details of her financials under oath, surely by filling for this request she could then expect the immiant Third Party Debt order to freeze any accounts in the aftermath and take approriate action to safe guard this money by transferring it into say a joint account? I realise how neive and stupid it was to allow someone to borrow my card in the first place, despite doing so with the best intentions at heart, I just want this whole situation resolved, so any advice on how best to proceed from here would be greatly appreciated.
  5. Please help , i have recieved today a General Form Of Judgement Or order it is demanding payment for : 1 £7689.23 to be paid by 10th December 2012 2 £671.80 to be paid by 10th December (this is for costs ) as you can imagine i cannot pay this ,what do i do now , i am so worried , thanks for your help
  6. Hi, I know all this is my fault but any help/advice anyone could give me would be great. On Saturday 10 November 2012 I received the above letter in the post that states - Before A Proper Officer of the court sitting at Leeds County Court. Upon reading a ;letter from the claimant IT IS ORDERED THAT 1The order to attend court for questioning is ajourned generally with liberty to restore. 2 If not application is made by 4:00pm on the 7th May 2013 then the order to attend court to be questioned will be struck out without further order from the court. Dated 2 November 2012 Can anyone tell me what this is? I have had a CCJ set by Santander and I have not paid it due to been out of work. I'm now back in work but have not paid it. This is the first correspondence I have received. What does it all mean? Should I of been in court (I didnt know if I should of been). Will baliffs now be round to my parents house? What do I do?? Any help would be great... Thanks in advance
  7. Hi, I am a new user and am not familiar with starting a threads and using forums. I have a had a money judgment issued against me and my partner in the county court. It is a business issue. We have already been ordered to pay £7000 in costs on top of the amount and cannot afford representation to appeal. The judgement is in both our names however it shouldn't have been made against my partner. We have offered to pay by installments and have been asked to fill in a N9a Admission form and schedule of earnings. I am worried about the admission form as my partner shouldn't really be liable. However we are worried about enforcement and the possibility of any charges being entered against our property and their ability to force us to sell our home or make us bankrupt. If anyone can give some advice it would be greatly appreciated. What should we do about the N9a as I am unfamiliar with this and what can they do to enforce this? Thanks,
  8. Hello, I would like to write to the tribunal to ask them to review a judgement that has been made. Do I write to the EAT or the ET in order to do so? Thanks, GP
  9. Apologies if I have posted in the wrong place. My husband had a store card which we ran into difficulties with and began to pay £3 a month as opposed to the £12 which is all we could afford. The payments were sent to CL Finance. These payments of £3 were cashed until June 2012 when we received a letter from Howard Cohen stating County Court action would be taken unless we could offer a higher payment. We politely wrote back explaining this was not an option and two weeks later a County Court form arrived from Northampton. We filled this out acknowleging we owed the money, filled out an income and expenditure form as requested and stated the monthly amount we could afford. We sent the form back to Howard Cohen within the time limit and a few weeks later received an Order from Northampton stating that they had entered judgement in favour of Howard Cohen and installments had been set at £288 per month! The Order stated that we had 14 days to apply for a Redetermination Hearing if we could not afford the instalment amount set. I cribbed a template letter from this site, emailed it to Northampton County Court asking for a Redetermination Hearing and continued to maintain the £3 a month payment to Howard Cohen. Weeks later we received a hearing date for a Redetermination Hearing for judgement to be set aside at our local County Court which my husband attended last week 31st October 2012. Howard Cohen sent no representative and the Judge agreed that the £3 a month was acceptable which was a huge relief!....however in this morning's post is a letter from Howard Cohen arrived stating that:- "You have already been advised that Judgment has been obtained against you in the .......County Court claim number >>>>>>>>>> You have failed to maintain repayment under the Order as instructed by the Court. Unless you pay arrears of £432 immediately to Lewis Debt Recovery we will instruct the Court to take one of the following actions: Send Bailiffs or apply for an Attachment of Earnings Order Once payment of the arrears hasw been made,the judgment will be satisfied and you will be able to apply to the Court for a Certificate of satisfaction which may improve your credit worthiness!" I am very confused as I thought the whole point of applying for and being granted the Redetermination was to set the installment amount at a realistic level; and if the judge has agreed how can Howard Cohen continue to hound us? What do we reply? Please help the stress and panic is beginning all over again. thank you
  10. 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.
  11. 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.
  12. 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.
  13. 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
  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. 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
  19. 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
  20. 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
  21. 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
  22. 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.
  23. 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
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