Judgement for Claimant. I replied, they say I didn't.

[Bloodfromstones]

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.

[ims21]

Hi

 

I have moved your thread to the Legal forum where the guys will be happy to advise as soon as they are available.

[Bloodfromstones]

Hi

 

I have moved your thread to the Legal forum where the guys will be happy to advise as soon as they are available.

 

Thanks.

 

Mike.

[cerberusalert]

Did you send the forms back to the court or the claimant?

[Bloodfromstones]

From memory it was back to Aplins. I have the form in front of me and it says "Address for sending the documents and payments". Aplins, 36 West Bar, etc. It was to them.

[AndyOrch]

Did you admit or defend?

[cerberusalert]

The forms should have gone back to the court not their solicitors.

 

What was the debt & how long ago is it since you made payment or written admission prior to those papers?

[AndyOrch]

If its an admission Cerb then the instructions are to return the N9A to the Claimants Sols.If its a defence or part admission then back to Court or on line if the claim has been issued on line.

 

Andy

[the_shadow]

It used to be a nasty trick of a certain firm of solicitors that used to send you the claim form once stamped by the county court and then ask you to send it back to them, obviously some things got "lost" in the post or just arrived late so to speak and the firm in question delighted in seeking judgement at the earliest opportunity.

[the_shadow]

Need the questions asked in Post 6 & 7 answered to get a fuller picture.

 

S.

[Bloodfromstones]

Good morning Shadow, and others.

 

It was an admission, I do admit that there is a debt. It was for an old Lloyds bank account that was in the red when we got divorced, IIRC. I sent the admission, together with a breakdown of finances and a list of current debts. I broke down the amount I have after bills etc and divided it up pro rata. I offered them £8.21 / month. One of the other debts is £35k, so pro rata that was the right amount.

 

As for the last time I Acknowledged, I don't know at the moment. I need to look at the pile of letters I have here and work through them. I guess you're alluding to the 6 year rulethat I have heard about?

 

The question remains, what can I do with the court? I'll be on the phone to them this morning but any other advice would be welcome.

 

And, If for some reason this is totally binding, what next? I don't have £1200 quid to give them. I have no way of getting loans, not that I want them, I'm already in a £2.4k overdraft at the bank. ****, I see no way out of this.

 

I'm off to work. No access to computers, I'm an animal warden for a council working outside in the weather, so I'll look in again this evening. Thanks to everyone for their input.

 

Mike.

Edited June 8, 2012 by Bloodfromstones
Addition of extra information.

[AndyOrch]

Simply request a variation on the Forthwith judgment to monthly by using the N245 and include an I&E and proposed payment offer.

 

Andy

[lookinforinfo]

If the debts are 11 years old are they not SB?

[cerberusalert]

If the debts are 11 years old are they not SB?

 

Generally there would need to be a clear period of six years (five in Scotland) where no written admission or payment towards the debt was made in order for it to be Statute Barred.

[Bloodfromstones]

Hi all. Apologies for the delay in replying.

 

I phoned the court who offered me a form (for £40!) to request payment over time.

 

I phoned Aplins and got a sensible, helpful person. I expected a "give me money now or else" attitude, but no. What they're doing is putting a claim on the house. Once that is in place then they will start accepting the payments I offered. It's a reasonable compromise in that I'm not being pushed right now, can pay off what I can afford, and if I ever get the house off of my hands the debt will be covered, if there's any money to do so.

 

Thanks for your offers of help, it was useful getting it off my chest.

 

Mike.

[Old Cogger]

They are meaning charging order, slow down before you go down this route, wait for peeps to respond especially those with the necessary knowledge.

[havinastella]

Mike, was there any period of 6 years when no payment or ack was made?

 

Are there charges on this amount?

 

You are giving in ALL to easy, although accepting you owed the money was not the best start!

 

Jogs

[havinastella]

They are meaning charging order, slow down before you go down this route, wait for peeps to respond especially those with the necessary knowledge.

 

As Mike said, you REALLY don't want a charging order on your house!

[Old Cogger]

Also do not talk to them on the phone, in writing only. You have a paper trail then as well.

[the_shadow]

Of course if the house is in joint names then its just a restriction and not a charging order so it doesnt hold quite the weight a charging order does

 

Again, be very careful, with a charging order missed repayments could lead to them applying for an order for sale, I personally would get that variation order in to the court to get instalment payments made before they can apply for a charging order.

 

S.

[the_shadow]

Once they've applied for a charging order the judge will rubber stamp it and then next thing you'll get is notification from the land registry that an interim charging order has been recorded against your property, the final hearing is where you can make objections but its normally a formality for the judge to rubber stamp it and make it final.

 

S.