Tenancy Guarantor issued with County Court Claim***Claim Dismissed***

[edmurph13]

They have an email sent from the sols on 21/06/17 to civilfeesliverpool@hmcts.gsi.gov.uk advising that they act on behalf of the claimant asking them to deduct the court fee of £335.00 from their firms fee account number (xxxxx).

[AndyOrch]

Right sounds legit then and they will most probably be allowed relief from sanctions.

[edmurph13]

That's what I figured. I still think I should not reply to the sols email though - is that right ?

[AndyOrch]

Well it only courteous to reply and state there would be little affect to object on the grounds put forward...of course they are seeking your agreement possibly to avoid a hearing and costs..just so you are aware.

[edmurph13]

Can I get some clarification on what the judge can do in the hearing this Thursday - both me and my wife are concerned if at the court hearing the judge rules in favour of the claimant can the judge impose a CCJ against my jointly held property there and then ?

If so if this CCJ is then paid in full can it then be wiped out on my/ my partners credit file?

Thanks

Ed

[Ganymede]

You will get the judgment against you only, not your wife, as she didn't sign the agreement.

 

To get a Charging Order the Claimant would need to go back to Court and apply and this will take several weeks or even months.

 

If you pay the judgment off in full within 28 days it disappears and is if it never existed.

[edmurph13]

Thanks for the reply but does this mean that the judge can put a CCJ on me at this hearing or will he give me time to pay the rent arrears before he imposes the CCJ - me and my wife are very concerned as we don't want a CCJ appearing on our credit file? If the judge rules in the claimants favour then I will get the money from somewhere so I'm not concerned about a charging order.

Thanks Ed

[Ganymede]

Thanks for the reply but does this mean that the judge can put a CCJ on me at this hearing or will he give me time to pay the rent arrears before he imposes the CCJ - me and my wife are very concerned as we don't want a CCJ appearing on our credit file? If the judge rules in the claimants favour then I will get the money from somewhere so I'm not concerned about a charging order.

Thanks Ed

 

The CCJ will start from the day of the hearing.

 

You can ask for it to be paid in affordable monthly installments but if you go over that initial 28 days you're pretty much stuck with it for 6 years.

[SuperVillain]

Remember to ask the Judge for 28 days to pay if you end up in that situation (if he doesn't ask you and you don't say anything it could end up being 21 or 14...)

[AndyOrch]

I thought the hearing was to hear the claimants application for relief from sanctions...not the trial hearing ?

[Ganymede]

I thought the hearing was to hear the claimants application for relief from sanctions...not the trial hearing ?

 

Sorry my mistake, thought the OP was referring to the final hearing.

 

Ignore what I said, until the final hearing that is.

[edmurph13]

Thank you - If it goes in favour of the claimant and I ask the judge for 28 days to pay and I pay it within that time is it not recorded/expunged from my credit file?

[edmurph13]

Hi Andyorch - I should have clarified that the claimants application for relief from sanctions was heard yesterday and his sol have emailed me saying that his clients has been reinstated and that the matter remains listed for trial on Thursday, 10 August 2017 at 10 AM.

Ed

[AndyOrch]

Hi Andyorch - I should have clarified that the claimants application for relief from sanctions was heard yesterday and his sol have emailed me saying that his clients has been reinstated and that the matter remains listed for trial on Thursday, 10 August 2017 at 10 AM.

Ed

 

Trial hearing it is then......lets hope you dont lose and win...then you ask for costs

[Ganymede]

Trial hearing it is then......lets hope you dont lose and win...then you ask for costs

 

In that case, don't ignore what I said!

[edmurph13]

I won't ignore what you said Ganymede - can I just ask again - If it goes in favour of the claimant and I ask the judge for 28 days to pay and I pay it within that time is it not recorded/expunged from my credit file?

[Ganymede]

I won't ignore what you said Ganymede - can I just ask again - If it goes in favour of the claimant and I ask the judge for 28 days to pay and I pay it within that time is it not recorded/expunged from my credit file?

 

Correct.

 

You just need to pay the judgment in full (including any applicable Court fees) and file a Certificate of Cancellation with the Court within 28 days.

[edmurph13]

Thank you !!

[Ganymede]

Hi Andyorch - I should have clarified that the claimants application for relief from sanctions was heard yesterday and his sol have emailed me saying that his clients has been reinstated and that the matter remains listed for trial on Thursday, 10 August 2017 at 10 AM.

Ed

 

What happened yesterday then?!

[edmurph13]

The judge went through everything and dismissed the claim due to them not having any evidence I was the guarantor !!

Absolutely chuffed and couldn't have done it without the help of everyone one on here - you are absolute stars and I will be making a contribution for you to continue your good work once I receive my next dole money.

Thanks again. Ed

[AndyOrch]

As expected well done ed...thread title amended to reflect the outcome.

 

Regards

 

Andy