J109 help with Set aside /Judgement by default.

[j109]

Hi all, I have finally filled out the N244 form can you please check it for me and see if it is correct.....hopefully I can sleep tonight...


Thanks
Jai

[legalpickle]

Ok, I'm going to be semantic so that it's perfect, including correcting the grammar and capitalization.

Part 3: To set aside the Judgment as the Applicant [Claimant] did not receive a copy of the Claim Form or Notice of Judgment. The Applicant did not receive any warning of the issuing of the proceedings that resulted in this Judgment either. The first the Applicant heard of this Judgment was in a recent credit check when he was refused credit.

Part 4: Yes - Make a draft order, I'll deal with that below.

Part 9: Defendant

Part 10: Misunderstanding here, this shouldn't be addressed as 'Dear Sir', only letters, I was commenting on 'Dear Judge' when I wrote that. The below fits perfectly into the section;

The Judgment is apparently because the Applicant's son had allegedly defaulted on his rent and the Applicant was a guarantor for that rent. No letters were received by the Applicant notifying him that his son had defaulted on his rent, and as stated above, no Claim Form or Notice of Judgment had been received by the Applicant. Had the Applicant received correspondence from the Respondent prior to their issuing the Claim that resulted in this Judgment that the Applicant is contesting, the Applicant would have certainly paid it as he does responsibly with all his other lawful bills.
I therefore contend that the only amount that the Applicant should have to pay the Respondent is the amount that would have been due prior to interest and any costs, before the Claim was issued, minus the Applicant's costs in this Application which has been necessitated due to the Respondent's negligence. The Applicant requests that this Judgment be Set Aside as it is unfair on him through the effect it has on his credit record and he was not given due notice to be able to pay the debt prior to the Claim being issued. Other than that the Applicant does not have a defence to the Claim - or as much of the Claim as the Applicant is aware of at this stage. In conclusion the Applicant requests from the court and order to pay the amount detailed above - following the calculations to be supplied by the Respondent - and that the Judgment be Set Aside and duly erased from the Applicant's credit record, so as not to cause the Applicant any further damages in the future.

Statement of Truth: Fill in your name, sign & date - you can write everything but your signature in the form.

Good luck & keep us posted.

[legalpickle]

Sorry forgot to deal with the Draft Order bit, which is also very important. I've attached it as a Word '97 .DOC.

[j109]

Hi legalpickle,

that is great, but I dont know if I forgot to mention that all the debt was paid on the 31st July, so in the draft do I take out ....


'The Applicant will pay the Respondent within 28 days thereafter the amount the Respondent claimed minus all interest, minus all costs and further deducting the sum of £75 for the Applicant's cost in making his Application. To save any mistakes from happening in future it is preferred if this can be by bank transfer or in the worst case scenario by cheque sent by special delivery or other guaranteed service.'

Do you think I will need to attach any other documents with the N244 except the draft? i.e any reciepts of payment or rent account documents?

thanks....
Jai

[legalpickle]

Originally Posted by j109

Hi legalpickle,

that is great, but I dont know if I forgot to mention that all the debt was paid on the 31st July, so in the draft do I take out ....


'The Applicant will pay the Respondent within 28 days thereafter the amount the Respondent claimed minus all interest, minus all costs and further deducting the sum of £75 for the Applicant's cost in making his Application. To save any mistakes from happening in future it is preferred if this can be by bank transfer or in the worst case scenario by cheque sent by special delivery or other guaranteed service.'

Do you think I will need to attach any other documents with the N244 except the draft? i.e any reciepts of payment or rent account documents?

thanks....
Jai

You did forgot to mention it and it does change everything!

You can't issue a claim via an Application Notice. If you've already paid it, it will be problematic to remove it.

You should have agreed with them that it will be removed and they could have written to the court and it would have happened with the need for an application.

This confuses matters quite a bit. I've got some stuff to do now, but I'll try and help you later on.

You're going to need to explain why you paid the judgment debt without disputing that it was there - that's generally the way to go about it.

Also, whilst you may recoup the cost of the Application you are unlikely to get the costs of their claim recouped, because as I've written above, you can't issue a claim arising out of the Application - to the best of my knowledge.

If they have refused to remove the judgment, then you are applying for the judgment to be set aside, but have to mention that they refused to have it removed or pay the cost of the Application, and therefore you have been left with no choice so as not to damage your credit record further.

Yes, if you've paid it, a copy of the receipt should be attached.

[j109]

That's fine,

In my previous post I did mention that we received the judgment due to not paying £66.16 out of £675.00, as I mentioned before I had no knowledgeof this as my son took it upon himself to pay this debt therefore not informing me, I just paid it because I wanted to get out his contract of being his guarantor, I don't really mind not recouping the money I just want this judgment off.

Thanks Leagalpickle you have given me alot of your time, I'll wait for your response when you're free.

Thanks
Jai

[legalpickle]

Originally Posted by j109

That's fine,

In my previous post I did mention that we received the judgment due to not paying £66.16 out of £675.00, as I mentioned before I had no knowledgeof this as my son took it upon himself to pay this debt therefore not informing me, I just paid it because I wanted to get out his contract of being his guarantor, I don't really mind not recouping the money I just want this judgment off.

Thanks Leagalpickle you have given me alot of your time, I'll wait for your response when you're free.

Thanks
Jai

I didn't notice it then. This is even more confusing now.

How much did you pay at any time? i.e. how much - if any - prior to any judgment for whatever reason, and how much after the judgment.

Your wording to me is unclear, and I am now understanding from it that you had paid them most of it, then found a judgment on your record for the rest - less than £70 - which I fail to understand. Why didn't you make sure your son paid the £70 to be done with it? Or why didn't you do it - after he had already not paid the bulk - and have everything over?

I'm playing devils advocate here. It's not a clear case of not receiving the claim form. My guess is that this is why the other side - if you've asked - have refused to remove the judgment, because they know it ain't a piece of cake.

[j109]

I understand this is confusing, as when this claim form was issued I never received one, my son got his claim forms at his university address, he never told me, he decided to sort it out himself, he got his university to pay a large amount and he paid the remainder thinking it was all paid, no one contacted him again and he left it as that, as the monies owed went directly to the estate agent, from what i understand now is that he never paid the intrest and court fees that is what the £66.16 was for, he said he did not realise he had to pay that as he paid directly to claimant not courts. I only have found out about this when I discovered I had a CCJ.

My son has told me that this was paid ont he 19th June and the claim was issued on 26th March 2008 , and the remainder which was the £66.16 paid on the 31st July 2008, all the debt including court fees has now been paid. The judgment was issued in May.

I have not asked anyone to remove the judgement yet, and if I had known anything about this claim in the first place I would have paid the entire amount myself, as Ive stated I did not know anything, I did not recieve any documents. I certainly did not recieve notification of my judgment.

Thanks
Jai

[j109]

Help please....very confused now....

thanks
Jai

[legalpickle]

Originally Posted by j109

Help please....very confused now....

thanks
Jai

Jai,

Unfortunately I have several businesses to run, physiotherapy & exercises and a lot of other things on. I have had an extremely busy day and a half. With the credit crunch hitting hard, I am feeling the pinch and need to work harder.

I will do my best to post some time tomorrow, but if somebody else has the time sooner, I won't be complaining.

I would much rather not having any worries and being able to sit assisting people on forums all day every day, but unfortunately I can't.

If you haven't already, it would be appreciated if you clicked on the scales and leave me positive feedback in the bottom left hand corner of the side box of my post - the box with my username and details.

Sorry,
legal

[MARTIN3030]

Thread moved to legal section.With all due respect the Welcome forums are specifically for Welcomes and introductions.I think after 30 posts its time to move this to somewhere more appropriate.Thank you for your understanding.

[Isiris]

..

[j109]

I am sorry Martin I should have read the rules, sorry.

Jai

[j109]

Bump

[legalpickle]

Originally Posted by j109

I understand this is confusing, as when this claim form was issued I never received one, my son got his claim forms at his university address, he never told me, he decided to sort it out himself, he got his university to pay a large amount and he paid the remainder thinking it was all paid, no one contacted him again and he left it as that, as the monies owed went directly to the estate agent, from what i understand now is that he never paid the intrest and court fees that is what the £66.16 was for, he said he did not realise he had to pay that as he paid directly to claimant not courts. I only have found out about this when I discovered I had a CCJ.

My son has told me that this was paid ont he 19th June and the claim was issued on 26th March 2008 , and the remainder which was the £66.16 paid on the 31st July 2008, all the debt including court fees has now been paid. The judgment was issued in May.

I have not asked anyone to remove the judgement yet, and if I had known anything about this claim in the first place I would have paid the entire amount myself, as Ive stated I did not know anything, I did not recieve any documents. I certainly did not recieve notification of my judgment.

Thanks
Jai

Jai,

Sorry I have been extremely busy over the past couple of days with a lot on, and a lot planned over the next week. I will do my best to help, but there may be delays between my posts. I am Orthodox Jewish so I won't be making any posts from Friday afternoon till Saturday night due to Sabbath, and unlikely to be any on Friday afternoon due to a hospital appointment.

Ok, so basically the wording must be completely changed. I am assuming that your son did not receive a court claim for the £66.16? If this is the case then they have a lot to answer for! Also, your judgment would have been for more than what he owed as there would have most likely been court fees and interest on top of it. So;
- How much was outstanding after your son had paid the first amount?
- How much was judgment awarded against you for, after the small amount overdue?
- Did they issue proceedings against him for the £66.16? Basically the terms of a guarantor agreement are that they must pursue the debtor first. If they did not write him further letters once he paid the main amount, for the £66.16 then they were in breach of the agreement. Also if he wrote them a cover letter or a 'with compliments slip' saying something like 'Please find the attached £..... in full and final settlement of your claim.' then their cashing that cheque could have warranted the closure of the whole case. This would take a lot longer to advise on as is a potential claim, and in order to deal with it, would need to know all the details of the matter. I would therefore suggest that on the latter matter, you go to CAB or a legal help centre for help, as the only way you'll be able to deal with it here is if others also contribute their help and as previously agreed in another forum, solely depending on forum help is not advised as most of us are not legally qualified. Whilst I have quite a bit of legal experience I am as of yet not legally qualified, I therefore alone would be loathe to advise you on the matter of issuing a claim against them, but if I was in the same position, I would definitely issue such a claim.

However as such a claim would be different to this matter, I shall proceed to try and help you on the issue of this application.

Before I proceed on to the Application however, I would recommend writing a letter to the creditor detailing what happened offering them the option within 7 days to ask the court to remove your judgment on the basis that it was based on a misunderstanding and has since been paid within a month of your finding out about the judgment by receiving a copy of your credit record. If they don't you will make an Application on Notice to do so, demanding that they be liable for your costs in such.

You are obliged to try and mitigate your losses. If you do not do so, you are likely to encounter troubles. Draft that letter and post it here and I will do my best to refine it, as soon as possible. Then send it special delivery to them and keep a copy and all receipts. Only make this Application after the 7 days have expired.

Now back to the Application; We basically need to revise the statement in the last section before the Statement of Truth, to say something like [and this is a very rough version done at 11pm when I'm completely knackered, so will need some refining];

The Applicant did not receive the Claim form or any other documents relating to the Claim to which this Application relates. The Claim relates to a guarantor agreement of the Applicant for his son's defaulted rent. His son had received a claim form, which he thought he paid, but it later transpired that he had not paid interest which he did not think he had to pay. The Respondent subsequently issued this Claim against the Applicant which the Applicant did not receive. The Applicant subsequently checked his credit record and found a Judgment for the amount of £.... which he duly paid, explaining the situation to the Respondent, giving them the option of requesting that the Judgment be removed from the records with the court office [thus Registry Trust Limited and the 3 Credit Reference Agencies]. They refused to do so which has left the Applicant no option but to make this Application in order to prevent this Judgment from causing him further damage.
The Applicant seeks costs in this Application due to the Respondent's negligence in not making him aware of the Claim in sufficient time to make sure the Judgment would not affect his credit records and further their refusal to have the Judgment removed from the Applicant's credit records after the payment.
The Applicant seeks to remove this Judgment from his record on the above grounds forthwith.

That's a rough draft, so please fill in the space and do your best to improve it and post an amended version here which I will subsequently look at.

I should say that this is no longer an emergency, because you must mitigate your losses and send the Claimant a letter. Assuming that can be sent on Monday 18th by special delivery, they won't get it till the 19th, that means you can only submit the Application the day after a week later which is 27th - meaning we have more than a week to refine it. The letter however is very important.

Good Luck,
legal

[j109]

Thank you Legal,

I know it is late, I really apreciate your help, I will answer the last few questions you have asked,

1. My son's university sent a sum to the claimant and the remainder my son paid. After this my son recieved no letters requesting any further money. This was paid in June claim recieved in March, after the claim was issued.

2. Judgment was awarded for £66.16. The initial debt was £701.16 (estimate sorry I don't have paperwork on me, at the office).

3. No we did not recieve any letters requesting the £66.16, unfortunately my son did not send a cover note with the letter informing of final settlement.

I do not understand wether judgment in default was issued before they recieved any money, as when I recently requested the judgment notification copy it stated on there it was issued due to £66.16 not being paid, suggesting the judgment could have been made after the large sum had been paid off.

Legal are you saying that if we wrote to the landlord (claimant) who issued the claim to remove the judgment, he could??? or do I still have to do the N244?

Legal I understand you are busy, I will wait for your reply when you are not busy, If you need any more question answered please let me know. You have been a great help, you have helped me alot, even if I don't suceed atleast I know I tried. I will not give up, I will definately follow your guidance.



Thank you, take care
Jai