I'm sorry I'm not sure where to post this - I've arrived home to a letter 'Judgment for Claimant' N30. Claimant is Marlin Europe with the name and address of a solicitors. How do I find out what this relates to? Who should I call to speak to? It says I must pay '£xxxx forthwith'.. I just don't know what to do or who to speak to!

Hi all, Made small claims againt leasing agent, summons already sent. Agent's solicitor wrote saying that I am suing the wrong person and that his client will make a claim against me for taking action against the wrong person. Has anyone been in similar situation? Advice please, especially from legal perspective as solicitor is involved now. Thanks

[ATTACH=CONFIG]52562[/ATTACH] Here is a copy of the claim form which has been kindly supplied by the County Court sitting at Bury. This is the claim which succeeded against LegalCare – although the judgement remains outstanding and unsatisfied. If you read the claim form, you will find that it is same very familiar story. According to LegalCare they have any tens of thousands of satisfied customers. It is obviously a very nice little earner. However, on the basis of the stories that we see around the Internet and the stories that we have received on this forum, and on the basis of the legal actions which have been conducted against LegalCare, we would not recommend them and we would warn everybody to stay well clear. Quite frankly you're likely to find that the advice given on this forum – completely free of charge – will be just as good – maybe better – probably far more practical – and based on people's real-life experience. The claim form has been redacted to protect the identity of the claimant. The claimant is not aware that we have obtained this claim form and that it has been posted on this forum. However, it is a public document and a County Court judge authorised its provision to us. We are trying to contact claimant to invite him to come onto this forum. However, if you happen to know somebody in the Bury area who has sued Legalcare but has been unable to get their money back through enforcement of the judgement, please alert them to this thread and invite them to come onto the forum.

I have had a Judgment issued, as the defendant had not responded within the time limit, would you please tell me what happens now? Thanking you in anticipation.

Hi I have been going through CAG on no insurance on a car even though its taxed and found that I have no choice but to pay the fine. The problem I have is the summons was issued whilst i was abroad and so I had no idea and therefore did not respond or attend court. I have now been ordered to pay a fine of £ 300+some fees which I really cannot afford and feel its really excessive. Is it possible to request a Stay of execution of this judgment using N244 form and present my case? I wrote to the court and explained my circumstances and basically they were extremely curt ... just told me to naff off. please help and give me some guidance? thank you Wrecked.

Hi, Ive read most of these threads but unfortunately cannot find anyone who had a similar situation to me. I missed payments, from October 2013, made a few smaller payments since but got back on my feet financially a few weeks ago. I made a payment of £300 and asked if i could arrange a payment plan to pay off the arrears this year. They agreed and sent me an email detailing the payment plan, but said i would need to provide proof of income before the court date of 16th June. Unfortunately i missed that date, when phoning up to make a payment yesterday i was told it was too late and that they had received a Judgment for delivery of goods and that it was irreversible. Its so so frustrating that now i have the funds to pay the arears and begin paying the monthly installments its all too late and because i stupidly forgot to send of my bank statements ive landed myself without a car and a hell of alot of debt. Ive been told i need to either request an appeal, pay the balance or lose the car. Does anyone have any experience in making an appeal, contacting the judge or courts or actually geting this judgment halted? Many thanks

There is an unsatisfied judgment recorded against ASKA PROFESSIONAL LTD MARITIME HOUSE, BASIN ROAD NORTH, PORTSLADE, BRIGHTON, BN41 1WR At BURY Court claim no. 3QZ17285 dated 24/04/14 £253 Aska Professional Ltd trade as Legalcare. They may trade under other names as well. We don't know. It may be that this judgment is not connected with Aska's Legalcare activities but the fact that the case was transferred to bury rather than Aska's local court in Brighton suggests that the claimant was an individual - not a business. We would be very interested to receive information as to the circumstances of the case and why the judgment has not yet been enforced. Maybe someone could let us know on our admin email address please. Put "aska judgment" in the subj.line.

Good Afternoon First post so be gentle.... Basically i got a first letter through from Restons via claim form from a debt from 2002, which i sent back the CCA and was abruptly pointed out it was a letter widely circulated on the internet and they didnt belive there was a genuine dispute. In summary MBNA transferred the rights in 2006 and i was advised i should have had a letter stating this around that time along with a notice of assignment from Arrow Global Accounts who had bought the debt apparently. I wrote back to the letter dated 27/05 to advise of new address to send any further correspondence along with a "prove it" letter. Low and behold i get a Judgment for Claimant CCJ dated 30/05 stating as i hadn't responded to the claim. I'm fuming, upset and worried. Should i phone the court and get appeal forms? I appreciate any help on this matter Regards, Michael

Hi All, In my absence as I was abroad, on 12/03/2013 IND Ltd made a claim for a credit card debt from 09/06/2006. I became aware of the claim and sent a registered letter to them on the 28/05/2013 stating I did not acknowledge the debt, asked to see the signed terms plus pointed out that it was statute barred ( which IND Ltd have ignored) with a copy going to the court to which I received a confirmation of receipt. This was after I received the Claim form on 9th April, Judgment for claimant on 02 May and Attachment of earnings order on 07 May. None of the above have been sent to me by recorded delivery so I was unaware of the proceedings. I have just been informed of another letter that was hand delivered without signature from maybe the court or IND Ltd telling me to reply in 8 days or attend court on the 30th of September. Can someone advise me on what I need to do as the initial first contact was 6 years 9 months from default date Thanks in advance

Hi everyone, I rarely use forums, so please be kind I booked a stay in a Scottish Hotel some time ago via their trade stand at a flower show. When we arrived the accommodation was nothing like the photos on their website or on the stand. The room was damp, cold, dirty and had no soft furnishings to speak of. Bedding looked filthy and the electrical wiring rather suspect. On top of that, we were told on arrival that the water was unsafe for consumption so they'd be giving us bottled water. They were fully booked, so the only option we had was to put up with it or go home (600 mile round trip) and pay £10 to change our booking. We asked for a refund and the manager was very rude. Afterwards we wrote to the hotel a few times without joy. I therefore started a small claim online as the hotel company is registered in England & Wales. Judgement was made end of January in my favour, instructing the hotel to pay me £167.44. They've ignored the court order, despite me writing to them again twice. I even phoned and was told they have no intention of paying. They don't even seem to care they now have a CCJ against the limited company. So, what's the best way to take this further? I understand I can commence enforcement action, but only their registered address is in England. Can the court bailiffs go to the Scottish trading address? Any advice is welcome... J.

My daughter asked that I pay the deposit for a house she wanted, in 2009, turned up with my deposit was made to sign as guarantor, to an assured short hold tenancy agreement, my daughter went on to not pay some of her rent was taken to court and had a section 21 served of which I knew nothing about she then moved out. The Land law rang me to say she had left and owe £4k rent she took it to court and issued me with a ccj for over £8k I did not get the opportunity to go to court to defend myself, I managed to get a set aside on the basis I did not think I was the G, as her rent had gone up, they had taken her to court, no one ever told me she was in arrears. Went to county court today and the judge ruled I am the guarantor, he has given me 28 days to dispute the figure is there anything I can do.

Hi I am being pursued for a credit card debt. I put in a holding defence based on lack of agreement and charges added to the debt. The creditor did not follow through with the action and the case was stayed. Six months down the line the creditor has now applied for a lifting of the stay and summary judgment. A hearing has been arranged for December. As part of my original defence, I asked for the creditor to supply statements of account, documents like the default notice and copy of agreement. They have not complied so it is difficult to comply a proper defence. Can I apply for an order from the court which will force the creditor to supply the statements etc so I can then make a proper defence? And do I need to include in my application a request that the Summary Judgment hearing be delayed until the documents are supplied? Thanks BAE

I have received a judgment for claimant form having not replied & returned a claim form, I dispute this debt it relates to on the grounds that I believe its over 6 years old since my last payment on it, can anyone advise please on whether I should try to get this set aside & what steps I should take? Thanks in advance

Hi please can somebody help. I took out a credit card with MBNA in 2009. My debt eventually ended up at around £5,000. I telephoned the credit card company as l was struggling with the monthly repayments. I asked for a reduced figure and they said no. In Sept 2012 l cancelled my direct debit and ignored the debt as l couldn't afford and nobody would help. Debt letters seem to come in time from various people. Each time the only thing l have requested is a copy of my credit agreement and l have never been sent it. The last company to take on the debt was Aktiv Kapital. On 25 October 2013 l received a judgment for claimant saying "You have not replied the claim form it is therefore ordered that you pay the claimant £5,339.99 for debt and cost of £320.00. Total £5,659.99. And if l ignore this order they could remove goods from my house. The date on the letter was 18 October, however honestly didn't receive until 25th. Didn't know what the claim form was as l have never had one before. I written to Northampton County Court on 25 October saying l hadn't received a claim form and in the meantime l now have a ccj. In todays post l have now received a "Notice of issue of warrant of execution" basically saying if l don't pay the full amount which is has now gone up and is now £5,732.24 by 6 November, they will be instructing a bailiff to remove my goods. Rang up the courts said l hadn't received the claim form and they said l had to fill in an application for suspension of a warrant. This form shows all my earnings and l have to pay £40.00 to apply for this. In the meantime l have a letter ready with a postal order for £1.00 to go to Aktiv Kapital in the morn (recorded delivery) demanding a copy of my credit agreement. Please can anyone advise, thank you so much !!

Hi everyone, My wife received a claim for an old (2006-2009) Black Horse Fixed-Sum Loan in mid June. I used MCOL to file the AOS online for 28 days to submit a defence and then stupidly neglected to put a defence in in-time! As a result she received a Judgment in Default a few days ago that states "You have not replied to the claim form" - not correct (AOS submitted in time). Is there any way I can dispute the Judgment as the claim was responded to in time and AOS submitted in time? Can I appeal or try putting in a defence with a letter disputing the Judgment or is this too risky/expensive? If as I suspect I've blown my chance to defend my main concern is making a payment arrangement as not in a position to pay the whole amount so I either need to delay the CCJ date (possibly by transferring top local court/asking for a hearing etc.??) in order to try to get funds together before the 28 days after judgment or I need to change this to a monthly payment scheme somehow. Could someone explain what the options (and deadlines/time limits after judgment) are for: - disputing judgment in default/defending/appealing etc. - delaying actions (even if will still end up with judgment against us it will allow time to clear the ccj before registered) do I have to pay to make an application to the court to vary? or redetermine? not sure what options are available and what is best. - requesting a monthly payment arrangement I have a feeling the deadline is coming up in the next day or so, can anyone help urgently? thanks. gf2k

I recieved a default notice in March 09 from RBS concerning being in arrears on a loan agreement. The letter stated I must pay the arrears of £400.00 by April 09. I rang RBS and explained that I was unable to pay at this time, and asked if I could defer payments to a later date. I was told that this was not possible as the agreement had been terminated. I have now received a Judgement notice ordering me to pay the full amount plus interest and costs. I was not even aware that the matter was being taken to court, and had no opportunity to state my case. I am unable to pay the amount in one payment and really worried that now I may face having my goods removed & sold. Is there any advice you can give me please.

We have a judgment from the small claims court of just under £4,000 against a motor company in relation to a car they sold us. The judgment was due to be paid in full yesterday, and at the bottom of the judgment it says "liberty to defendant to collect the car upon payment of the judgment debt in full". At around 4 pm yesterday £1,000 was paid into our bank account. We then received an email from the company saying they were not in a position to pay as they had had poor sales and were making an application to pay by instalments. This is 25 days after the judgment was delivered on 3/5/13 and no mention has been made of this up until now. We have said we are vigorously opposing any application to pay by instalments. They have 28 cars up for sale at the moment and clearly have assets. Until the defendants pay we still own the car and we have said we intend to sell it for what we can get to offset the debt. The car is a non-runner and not worth very much. We now have an email from the defendant saying that we can't sell the car and if we do they will take us to court! Up until yesterday we were intending to get the judgment transferred to the High Court for enforcement (thinking that the defendants were clearly not going to pay). Now that they have paid £1,000 and are seeking to pay the rest by instalments, can we proceed as we originally intended? Are we entitled to sell the car to offset the debt? What is our best way of proceeding?

Hi, I received in the post in December an Application for an Attachments of Earnings Order in my local county court. This was the first I had ever heard of the matter. The creditor being MEIII Ltd whom I have never heard off. To cut a long story short all letters that they had sent, the county court summons and judgment which was made in default were all served at my previous address. I therefore issued an application for judgment to be set aside and have been given a hearing date in March. Since then MEIII (who are actually Marlin who apparently bought the debt of Blackhorse) have written to me with copies of all the letters of assignment that they sent to my previous address. They also attached a copy of the claim form etc. they are willing to consent to set aside the judgment on the basis that there would be no order for costs in relation to my application. willing to remove the interest and costs which were added when the claim was issued. willing to reach an agreement and enclose a statement of means for me to complete. ask for a response in 14 days if agreement is reached they would draw up an appropriate Consent Order for us to sign and send to the court and ask them to remove the hearing from the list. What I am unsure of is if I do all will there still be a judgment against me or will it be removed from my credit file? The debt is for just under £11k it wouldnt be in the small claims court from what I can gather if I defend it on the basis that I never received any assignment notice etc the fee is £210.00. Would it be advisable to come to an agreement and if it is by a consent order will I still have the judgment registered against me? your help would be much appreciated! Thanks

obtained 2 money judgments last year and have started enforcement action. judgment debtor has now issued proceedings against me for sums that have already been decided in court. this has now delayed order for sale for another three months. judgment debtor now has an unless order to file a further statement of case and set out full particulars of the claim. what if they are still identical to what has already been dealt with?

We bought a Toyota Celica T Sport in August which developed a serious problem on the first day (big end bearing failure). We obtained judgment against the dealer for just over £5,000 in December. He didn't turn up. He then made an application to set aside on the basis that the court staff told him that if he submitted evidence and said he couldn't come his case would be considered on the papers. He didn't give the reason for not coming until the day of the application (both him and his co-director were in bed with flu on the same day!") There was no medical certificate. The form didn't state the reason for non-attendance. He submitted papers to back up the application the day before the application (over a month after applying). Basically, he has broken all the procedure rules for submitting the application. We have an engineer's report approved by the Court to rely on. He has no evidence apart from an MOT, but his case is that we must have broken the car by driving it too fast on the motorway. He has no evidence of this. The judge seems to have believed he was misled by the Court and that he and his co-director were in bed with the flu on the same day, with no medical certificate backup and only mentioned at the last minute. She stated she had not had the time to read the papers at all, would not consider the strength of his case at all and set aside the judgment. We are both shellshocked. My husband carefully followed all the rules of procedure in this case, submitting papers to the court and the defence properly. The defence have broken all the rules but have succeeded in getting our juidgment set aside. The judge in setting the judgment aside did not follow the rules. We purchased the book "Small Claims Procedure" by Patricia Pearl. It deals with making an application to set aside: "The Court may grant an application to set aside the judgment only if the applicant: (a) had a good reason for not attending or being represented at the hearing or giving written notice to the court under rule 27.9 (i); AND (b) has a reasonable prospect of success at the re-hearing" "The form must cover not only the reason for missing the hearing but also why the party has a reasonable prospect of success." Do we have any right of appeal against this decision?

Hi, First I must thank you all for such a wonderful repository of information. You have built an amazing community and should be very proud. The Story: I moved to the US in 2007, and left some debt behind. It was a difficult time and I was in turmoil about this debt. Then I discovered this site and learnt that there was essentially nothing they could do. I put that part of my life behind me and forgot about it. Earlier this week I received a letter from a lawyer containing a motion for an issuance of a new Capias. I had no idea what this was so called, and then went to the courthouse to obtain a copy of the file. It turns out that this lawyer had obtained a judgement by default against me in 2011. The documents had been served to an apartment i moved out of in 2007. I had no idea of the existence of this case until this week. Crazily enough, this seems to be perfectly proper service in the US. I have been living my life quite happily for the last 2 years without knowing that I had a civil arrest warrant out on me. Obviously this court has no jurisdiction over the matter and I will seek to have the default judgement vacated. I will then seek damages via the Fair Debt Collection Practices Act. I realise this forum may not be the best place for these US-centric questions. I will also pose them to your revolutionary brothers at http://www.debtorboards.com However I would appreciate any input you could give. My Questions: 1. What is the likelihood that HSBC is the actual Plaintiff? Wouldn't the debt have been sold off long ago? This lawyer is a bottom feeding sole trader ambulance chaser. I find it hard to believe he has been engaged by HSBC. 2. The complaint is for a fanciful sum in US Dollars. Is this Kosher? Can a debt in one currency be arbitrarily converted to another? Or is this a fraud designed to deceive the court? 3. In what order do I properly deal with this? Attend Capias hearing first and then file a motion to vacate? Or should I file a motion to vacate now with the same hearing date as the Capias hearing? 4. I intend to make some money from this scumbags sloppiness. Am I required to offer my full defense in the motion to vacate? Can I move to vacate solely on the grounds of not having been served, and then let him dig a deeper hole for himself in subsequent proceedings? Or does doing this mean I will have assented to the courts jurisdiction? 5. If #4 is a bad idea can I file a motion to vacate with prejudice? How likely is this to be granted? 6. What's the likelihood of a crazy American judge ignoring jurisdiction? 7. Will this judgement have been recorded on my credit reports? I have applied for my reports but the credit reporting agencies seen to not know who I am. I have never applied for credit in the US. If this judgement has been reported, is this a breach of the data protection act? 8. This debt will be statute barred in about 2 months and I'm feeling litigious. What can I do to punch HSBC in the nose? It seems to me that if HSBC is really the plaintiff then it is a UK company attempting to fraudulently use the US courts to bully and intimidate the counter-party in a UK contract. How do I monetize this naughtiness? LIBOR is still fresh on everyone's minds... I'm sure I have a million more questions but I am still working to educate myself on the intricacies of US law. Any advice you could offer would be most gratefully received!

We received a county court judgement in our favour back in Feb 2012, and got a warrant of execution in March. Since then the bailiff has been unable to get anything from our landlord. In fact, the bailiff claimed that our landlord was no longer at his residence, we visited a week later and found him still living there. our landlord never attended a hearing and still thinks he is in the right. We think that if he actually turns up in court, he will realise what the law is and pay up. We even got as far as giving him the forms to appeal the decision, he filled them out along with a cheque, but we had incorrect info and told him it was £75 fee, so it got rejected because it's actually £80. Now according to my housemate, the warrant is no longer valid. Apparently the bailiff cancelled it because our landlord was appealing, but then the cheque was for the wrong amount. So we either want to (a) get him to appeal so we can see him in court (b) find another avenue for recovering the money. Does anyone have any suggestions for achieving either of these? For (b), we think he might be self employed, but we are applying for an attachment of earnings order search, to see if anyone else has applied for this (he has had other debts in the past). We also have his bank account details still, and I think we can apply to recover money from the bank. Does anyone know how this works? Does he get any notice before hand? Is it a one time only thing (i.e. if there isn't enough money in the account, is that it?)

I'd like to ask what the best way might be to collect money form Easyjet Airline Company Ltd. This is following a long small claim for flight cancellation. I already have a judgment from the County Court ordering Easyjet to pay me about £1000 but many weeks later they still have not paid. What method(s) of collection are known to be ineffective against Easyjet Airline Company Ltd? What collection action would people recommend? Transfer to High Court? Questioning (if so who)? Third party debt order (if so against RBS accounts, another bank or debtor)? Bankruptcy? Other? In return I will be happy to report back how I get on as this may well be useful for others who currently have cases stayed pending the ECJ ruling due to be published on 23 October 2012 and who may then also discover Easyjet's unwillingness to settle their debts.

Hello to everyone, I'm new to forum as issue is new to me too. Was reading on the forum, looking for an advice and peoples stories on how to act. Well every case is different and would appreciate your comments and suggestions. The case: Have received a letter in the post with misspelled last name. Looked like it could be for me. It is a Judgement for Claimant (in default) saying i haven't responded and have to pay claimant close to £700. It looks as a genuine document, with Claim number from Northampton County Court. Claimant is a local sports studio what i was using for several month and did pay when i was attending (signed up a year ago, was using them for 3 or 4 month). I have stopped attending the classes approx half a year ago. Have e-mailed studio saying i will not be attending anymore as had health problems and had to leave country fore some time. They said i i'll have to pay for 12 month membership as per agreement. I have asked if i could speak to a person i have signed agreement to discuss this but no further response received. I have looked at my copy of agreement and: 1. tick box is not marked where it says: I have been given the terms and conditions of membership. And i accept that i have duty to keep the terms and conditions. At the time i signed agreement i did ask what if i'll need to move or cancel and verbally was told this is not a problem. 2. On back side of agreement it says Direct Debit must be used for monthly membership fees. In i time i was attending studio i never had direct debit set with my bank, they where charging my card somehow. I lost my card some time ago and it was replaced by my bank, i checked that after card was replaced payments stopped being taken. I haven't received any letters from claimant (the studio) or court. Just this Judgement for Claimant (in default) with a wrongly spelled name. I'd appreciate your advice on what shall i do in this situation.

I started checking my Experian and Equifax Credit Reports and a County Court Judgment from 2009 shows up. However I know nothing about this judgment! I certainly didn't receive an 'invite/letter' to appear in court (whatever the technical term is!) The address shown on the judgment is incorrect. It shows 111C John Smith Road, whereas I lived at 111D John Smith Road. Would this invalidate the judgment? Should I contact the court and ask for the judgment to be removed/suspended, or should I wait to see if they try to enforce the judgment (which they haven't yet) and then start the refutation process?