Lowells Claimforn - old Capital One***Claim Discontinued***

[jack21]

So that would mean I have to pay it today ?

 

I have only just received notice that the Judgement has been made today.

 

It appears that the court has stitched me up here. They didn't inform me of a hearing date, they didn't ask me for a witness statement and they have only informed me of the judgement 30 days after it was made.

 

I am hoping to apply for a mortgage in the next few months and this would destroy those plans.

[Old Cogger]

in that case submit a N244 set aside for the reasons you state forthwith

[jack21]

If I was to pay the judgement today, would that mean that the CCJ would be removed ?

 

I can't see how the court would only send notice on the last day I am able to pay to get it removed. What do you think the chances are of the judgement being set aside?

 

I really can't take the risk of having a CCJ on my record for the next 6 years. It seems I have been treated very unfairly by the court.

[dx100uk]

stop panicking it wont be registered that soon

simply ring the court.

[AndyOrch]

You cant do anything now until Monday anyway.....enjoy your weekend.

 

Andy

[jack21]

OK thanks all. I know I was in a bit of a panic yesterday, but I just received the judgement letter out of the blue when I was expecting a hearing notice and a request for a witness statement.

 

I will let you know what the court says on Monday when I phone them.

[AndyOrch]

Excellent and subject to what the court state...admitting an error or denying they are at fault...we will take it from there.

 

FIO You are enquiring as to why you never received the Notice of Allocation with court directions. ( N157–160 (small claims).

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part26#26.9

 

Andy

[jack21]

Morning

 

I have just phoned the court to explain that I had not been sent a notice of the hearing date or been given instruction to provide a witness statement.

 

They said that those documents were sent to both parties on or around the 24th January. I then told them that I phoned the court on the 10th March to tell them I had not received any notification of a hearing date or been given instruction to submit a witness statement and that I was told at the time that I would be hearing from them shortly with a date. They said that they apologise and do not know why I was told this as the documents are listed as being sent out in January.

 

He then said that I need to send them a letter in the first instance explaining the situation and the judge can then decide what the next steps would be, either that it gets set aside or I would need to apply to so.

 

I then asked why I had only received notice of the judgement 30 days after it was made and if this was usual. He said it was due to staff shortages and that they had a backlog of documents that needed to be sent out.

 

So I need to write a letter to the court explaining the situation.

[AndyOrch]

" He said it was due to staff shortages and that they had a backlog of documents that needed to be sent out."

 

Which is why you possibly didn't receive the Notice of Allocation also

[jack21]

Yes, that is what I am thinking. But then why was I told that I would be hearing from court soon with a hearing date and further instructions when it is clearly on file that this was supposed to have been sent out in January.

 

I'm going to draft a letter today, would you mind having a quick look at it once I have done it?

 

I only have until the 23rd May to get this set aside, due to the court sending me notice of the judgement 30 days late.

[AndyOrch]

Sure ......

[jack21]

Do you think I should include details of why I think I would of successfully defended the case?

[AndyOrch]

Do you think I should include details of why I think I would of successfully defended the case?

 

No not at this stage.....just correct the court error and get it back on track

[jack21]

Hi

 

Please can you have a quick look through this letter and let me know what you think?

In reference to the above claim.

On the 13th May 2017 the Defendant received notice from the court of judgement in the case, dated 13th April 2017, stating that the Claimant recover the claimed debt, interest and costs.

The Defendant has not received notice from the court of a hearing date or been given instruction to provide a witness statement in support of their defence.

On the 28th February 2017 the Defendant received an order from the court stating that the Claimant is required to pay a hearing fee of £115.00 by 4pm on 9th March 2017, or the claim would be struck out and the small claim hearing on the 13th April 2017 vacated.

On the 10th of March 2017 the Defendant contacted the court by telephone to enquire as to whether the fee had been paid and to ask if a hearing date had been set by the court as no notice of hearing date had been received.

The officer of the court instructed the defendant that no hearing date had been set and that they would be receiving such a notice in due course and would be given, at least, a few weeks notice prior to the date of the hearing.

As a result of the Defendant having not received notice of a hearing date or instruction to file a witness statement with the court, they were unable to attend the hearing and defend the case as intended.

Due to the above statements, it is respectfully requested that the judgment made on the 13th April 2017 be set aside to allow the defendant to defend the claim as intended.

In addition to this, it is also requested that this matter be dealt with as urgently as is possible by the court, due to the fact the Defendant only received notice of the judgement 30 days after it was made and payment is due to paid to the Claimant on or before 23rd May 2017.

 

 

Yours Faithfully

Edited May 17, 2017 by dx100uk
document removed text copied to thread - dx

[AndyOrch]

IN THE ******* county court

Claim No. ***********

 

BETWEEN:

Lowell Portfolio 1 Ltd

Claimant

 

AND XXXXXXXX

Defendant

************

 

FAO Court Manager

 

General Order dated xxxxxxx and Judgment

 

Dear Sirs

 

Further to my telephone conversation of today dated xxxx with your court staff and the above Order.I wish to inform you that the court failed to send out The Notice of Allocation N157–160 CPR 26.9 advising me of directions and I was not aware that Directions were issued and this was confirmed by your staff that due to staff shortages and that they had a backlog of documents that needed to be sent out.

 

It is therefore respectfully requested that due to this oversight that Judgment be set a side pursuant to CPR 13.3 (ii) with relief from sanctions and that the claim proceed to trial.

 

I await a copy of the Notice of Allocation (N157)

 

For reference to the above a time line of what was received.

 

On the 13th May 2017 the Defendant received notice from the court of judgement in the case, dated 13th April 2017, stating that the Claimant recover the claimed debt, interest and costs.

 

The Defendant has not received notice from the court of a hearing date or been given instruction to provide a witness statement in support of their defence.

 

On the 28th February 2017 the Defendant received an order from the court stating that the Claimant is required to pay a hearing fee of £115.00 by 4pm on 9th March 2017, or the claim would be struck out and the small claim hearing on the 13th April 2017 vacated.

 

On the 10th of March 2017 the Defendant contacted the court by telephone to enquire as to whether the fee had been paid and to ask if a hearing date had been set by the court as no notice of hearing date had been received. The officer of the court instructed the defendant that no hearing date had been set and that they would be receiving such a notice in due course and would be given, at least, a few weeks notice prior to the date of the hearing.

 

As a result of the Defendant having not received notice of a hearing date or instruction to file a witness statement with the court, they were unable to attend the hearing and defend the case as intended

 

Due to the above statements, it is respectfully requested that the judgment made on the 13th April 2017 be set aside pursuant to CPR 13.3 (ii) to allow the defendant to defend the claim as intended.

 

In addition to this, it is also requested that this matter be dealt with as urgently as is possible by the court, due to the fact the Defendant only received notice of the judgement 30 days after it was made and payment is due to paid to the Claimant on or before 23rd May 2017.

 

 

Yours Faithfully

[jack21]

Thanks for that, much appreciated.

 

I wasn't too far off with the my original letter, your amendments make it a lot better though.

 

Just with this statement " Further to my telephone conversation of today dated xxxx with your court staff and the above Order.I wish to inform you that the court failed to send out The Notice of Allocation N157–160 CPR 26.9 advising me of directions and I was not aware that Directions were issued and this was confirmed by your staff that due to staff shortages and that they had a backlog of documents that needed to be sent out."

 

The court staff did not admit the Notice of Allocation was not sent out, they stated that the notice of judgement was only received 30 days after the judgement because of staff shortages .

[AndyOrch]

You didn't receive it therefore it was not sent out or delivered else where or an error by the court...so we can only assume it was the same reason...whether they confirm it or not.

 

Dont defend them

[jack21]

Thanks for all this.

 

I have posted the letter and will keep you updated on further developments.

[jack21]

I have received a letter back from the court stating that in order to get the judgement set aside I will need to fill out a N244 form and pay a fee of £255.

 

according to the judgement I have until the 23rd of May to pay.

 

My concern is that,

apart from the fact I didn't receive notice of the hearing date,

I only received the notice of the judgement 30 days after it was made

therefore have not been given enough time to go through this process,

 

 

and this has also made it impossible for me to have paid within the 30 day period to get the judgement removed from the register.

[AndyOrch]

So they do not admit to any errors on their behalf.....and its your word against theirs that you did not receive Notice if Allocation and directions.

 

Difficult for them to try to wriggle out of the Judgment order..you receiving it 30 days after it was made...but the court may have made allowance in not informing the Register and extending the period for payment.

 

So ..what to do... pay the £255 and take the application to hearing to set a side...if you do get it set a side do you feel that you can succeed ?

 

Or better to accept and make payment arrangements....?

 

I accept it all stinks...but just considering the practicalities of the situation and best option for you.

 

Regards

 

Andy

[jack21]

I know, this is the issue, that it is my word against the courts. Despite the fact that I rang them on the 10th of March and was told that a date had not been set and would be hearing from them soon with a date.

 

If I can get it set aside I am almost 100% certain I would win.

Can I PM you the reasons why I think so?

 

I am finding it really difficult to accept the fact that I have been stitched up so badly by the court and feel like ringing them up and going ballistic at them.

[AndyOrch]

Feel free to PM me.

[jack21]

OK thanks, I will do.

 

I have just phoned the court.

They are not going to accept that the hearing notice was not sent out to me in January and they have no record of me telephoning on the court on the 10th of March.

 

 

Also the fact that the judgement order was sent out 30 days is because of the volume of cases they have to deal with and I just have to accept it.

[AndyOrch]

Its fine sending out the Notice of Judgment 30 days late as long as allowance for payment is changed also...they cant have it both ways.

[jack21]

What can I do though ? I have just made that point to them and asked about extending the date of payment, they just stated the same again that this was sent out after 30 days because of the backlog of work and the 23rd May will remain the date regardless.