J109 help with Set aside /Judgement by default.

[j109]

It has been bought to my attention that you have filed a judgment against me, as I was the guarantor for my son* son’s name* rent. I believe my son was in arrears and you filed a claim for the arrears which were £701.00; I understand that my son paid that debt but there was a remainder left which he was not made aware of the amount being £66.16. My son did not receive any further letters or notifications for the debt outstanding, but still you issued a judgment in default against me.
Had I been made aware of this claim against me, I would have paid it within the month of receiving the judgment. I have never received any letters or notification regarding this debt. I therefore would like to correct this misunderstanding, due to you not sending out any further letters requesting payment for the £66.16 you were in breach of the guarantor agreement.
I have only recently discovered about the judgment by receiving a copy of my credit file. I would therefore ask you to contact the court within the next 7 days to remove this judgment which has since been paid, if you do not I will be making an application on notice to do so, in which you will be liable for cost of the application. You are obliged to try and mitigate your losses, if you do not do so; you are likely to encounter troubles. (DO I PUT THIS BIT IN OR DOES IT SOUND THREATENING?)
I will be making an application once the 7 days have expired, if we cannot solve this, I am requesting you to contact the court to remove this judgment by explaining this misunderstanding , if you do not do so I will be making this application and pursue you for the court fee, interest and application cost, as this has been an error on your half as you broke the guarantor agreement by not pursuing the debtor *Son’s name* for the £66.16, and then not sending me any letters for this debt, this is the amount that the judgment was filed for. You also are in breach of not paying back my son’s deposit, you have not written to us explaining if there were any damages and if so what cost?
I hope we can resolve this within the next 7 days, please can I have written confirmation on what action you decide to take.

Thank you.

[legalpickle]

Originally Posted by j109

It has been bought to my attention that you have filed a judgment against me, as I was the guarantor for my son* son’s name* rent. I believe my son was in arrears and you filed a claim for the arrears which were £701.00; I understand that my son paid that debt but there was a remainder left which he was not made aware of the amount being £66.16. My son did not receive any further letters or notifications for the debt outstanding, but still you issued a judgment in default against me.
Had I been made aware of this claim against me, I would have paid it within the month of receiving the judgment. I have never received any letters or notification regarding this debt. I therefore would like to correct this misunderstanding, due to you not sending out any further letters requesting payment for the £66.16 you were in breach of the guarantor agreement.
I have only recently discovered about the judgment by receiving a copy of my credit file. I would therefore ask you to contact the court within the next 7 days to remove this judgment which has since been paid, if you do not I will be making an application on notice to do so, in which you will be liable for cost of the application. You are obliged to try and mitigate your losses, if you do not do so; you are likely to encounter troubles. (DO I PUT THIS BIT IN OR DOES IT SOUND THREATENING?)
I will be making an application once the 7 days have expired, if we cannot solve this, I am requesting you to contact the court to remove this judgment by explaining this misunderstanding , if you do not do so I will be making this application and pursue you for the court fee, interest and application cost, as this has been an error on your half as you broke the guarantor agreement by not pursuing the debtor *Son’s name* for the £66.16, and then not sending me any letters for this debt, this is the amount that the judgment was filed for. You also are in breach of not paying back my son’s deposit, you have not written to us explaining if there were any damages and if so what cost?
I hope we can resolve this within the next 7 days, please can I have written confirmation on what action you decide to take.

Thank you.

Firstly, please disclose everything of relevance when asking for help. Neither I nor anybody else can help if you don't and the advice given on the basis of incorrect or incomplete information may be wrong for the correct or complete information.

Secondly, they have no liabilities to you for holding on to your son's deposit. Most likely they would have offset the deposit from the arrears, and most likely your son would have received a statement together with his court action, but this does not matter to your case. Even if they have not offset the deposit and held on to it unlawfully, you cannot raise a claim for it, only your son can. So this bears no relevance to the matters at hand.

Dear Sirs,

Re: [claimant] vs. [Jai - your name] in [court name] County Court with the Claim No.: [claim no.]

I recently found out when checking my credit record that you had obtained a Judgment against me for the sum of .... Apparently this was for the arrears that were unpaid by my son [name] for the rent on [property address] in [year].

My son had paid all the arrears he believed he had owed and had not received further letters from you. Instead you issued a claim against me without sending me the claim form - which I would have defended, and thus requested Judgment in Default, and did not send me a copy of the Notice of Judgment either making it impossible for the matter to be rectified within the month after Judgment.

The debt has since been cleared.

The end result is that I have a Judgment on my credit record that should not have been there which is causing me damages. The first option to rectify this issue is that you write to [court name] County Court, sending a copy to me at: [enter address]; advising the court office that the Judgment was obtained in error and has therefore been paid within a month of the Defendant being notified of the Judgment, thus should be removed forthwith from Registry Trust Limited and the Defendant's credit file.

The second option is that I apply for the Judgment to be Set Aside, in which case I will seek costs in such from yourselves. The first option is obviously preferable to all involved.

If you are to accept the first option, I demand that this is dealt with within 7 days from the date of receipt of this letter or I will be forced to proceed through option 2, which I trust will not be necessary.

I look forward to hearing from you.

Sincerely,

Mr. Jai...

As stated previously, send it by special delivery, keeping a copy and check they receive it online with Royal Mail's track and trace facility at www.royalmail.com.

Good Luck,
legal

[j109]

Hi Legal,

"Firstly, please disclose everything of relevance when asking for help. Neither I nor anybody else can help if you don't and the advice given on the basis of incorrect or incomplete information may be wrong for the correct or complete information."

Im sorry if I have not disclosed everything.

Thanks for that, I will redo it and send it out special delivery tomorrow,

Thanks
Mrs Jai

[legalpickle]

Originally Posted by j109

Hi Legal,

"Firstly, please disclose everything of relevance when asking for help. Neither I nor anybody else can help if you don't and the advice given on the basis of incorrect or incomplete information may be wrong for the correct or complete information."

Im sorry if I have not disclosed everything.

Thanks for that, I will redo it and send it out special delivery tomorrow,

Thanks
Mrs Jai

The deposit issue.

[j109]

I will post back on here once the seven days has expired, and in the mean time I will get the N244 ready, Im not too worried about the deposit only added it thinking it might help, but It doesn't matter.

Thank you Legal,
Mrs Jai

[legalpickle]

Originally Posted by j109

I will post back on here once the seven days has expired, and in the mean time I will get the N244 ready, Im not too worried about the deposit only added it thinking it might help, but It doesn't matter.

Thank you Legal,
Mrs Jai

If they have really taken the deposit without offsetting it against the arrears then your son would have a claim against them, but that is for him to work out.

Work on the N244 Friday/Saturday if you haven't heard anything and Sunday/Monday [bank holiday] I'll try and help. Then you can send the Application a week on Wednesday [7 days + 1] if you haven't received anything. They don't get any extensions for bank holiday!

[j109]

Thanks Legal,

Will do.

Mrs Jai

[legalpickle]

Originally Posted by j109

Thanks Legal,

Will do.

Mrs Jai

Have you heard from them yet, Jai?

If not, I think it's about time we started preparing that N244 of yours.

Before we do, go to www.royalmail.com and enter the tracking code [for special delivery should begin with 'ZV' and end in 'GB'] to check when they received it, and print off - to attach to the N244 - the signature, not the end of the world if you can't get it [they don't have it online for every depot or postie - not everybody is modern enough yet!] confirmation of receipt will do.

If you have, what was their response?

[j109]

Hi Legalpickle,
Hope your well.
No I have not heard from them, I will print off the confirmation if they have it online, I have already filled out a N244 online and I think I will have to change some of the questions asked. When do you think I should post the N244? and also who do I make the cheque payable to?

Thanks
Jai

[legalpickle]

Originally Posted by j109

Hi Legalpickle,
Hope your well.
No I have not heard from them, I will print off the confirmation if they have it online, I have already filled out a N244 online and I think I will have to change some of the questions asked. When do you think I should post the N244? and also who do I make the cheque payable to?

Thanks
Jai

All cheques to the court service are made payable to 'HMCS'.

If you want to post the information from each field up here [please don't post the PDF, it get's annoying going back and forth], to go through it one last time, then no problemo.

As written previously, N244 with cheque get's sent with cover letter to relevant court on Wednesday which is 7 days plus 1 after they received the letter. Don't trust the post with such important matters - you probably know what Royal Snail is like - send it by special delivery as well.

Whilst advice and checking the bulk is done in the forum, if you want me to check the personal details are put in correctly, I can do that by PM/e-mail as it's confidential and understandably you don't want to post that on the thread for all to see.

If you work on it tonight/tomorrow morning, I should have some time tomorrow afternoon, if nothing too crazy happens in my life over the next 14 hours!

[j109]

No worries Legal will do, I will do it by tomorrow afternoon and ill post it on the thread minus the personal details, I have the cheque ready for £75, the cover letter??? did we go over that one? was it the draft that we did?

I will get the cheque, cover letter, reciepts, and the letter we sent to the claimant ready.

I will post it special delivery, on Wednesday

Thanks
Mrs Jai

[legalpickle]

Originally Posted by j109

No worries Legal will do, I will do it by tomorrow afternoon and ill post it on the thread minus the personal details, I have the cheque ready for £75, the cover letter??? did we go over that one? was it the draft that we did?

I will get the cheque, cover letter, reciepts, and the letter we sent to the claimant ready.

I will post it special delivery, on Wednesday

Thanks
Mrs Jai

Nope. The cover letter should be a simple letter to the court saying something like;

Dear Sirs,

Please find attached my Application to Set Aside Judgment in relation to clam number .... [bold the claim number - some court staff are dumb, it's got to stand out to them] together with supporting evidence.

This matter is of utmost urgency to me, therefore I would much appreciate if you could deal with this as soon as physically possible.

Sincerely,

Mrs. Jai.



The receipt or confirmation of payment, for satisfying the Judgment should also be attached.

Feel free to e-mail me a copy of the full form and cover letter with all the personal information to give it a final proof.

[j109]

OH NO!!!
Just checked Royal mail, it says to come and check back later as item has not been delivered, does this mean they have not accepted it? I sent two letters both the same to make sure it was delivered on Monday recorded delivery.

Jai

[legalpickle]

Originally Posted by j109

OH NO!!!
Just checked Royal mail, it says to come and check back later as item has not been delivered, does this mean they have not accepted it? I sent two letters both the same to make sure it was delivered on Monday recorded delivery.

Jai

Recorded or Special??? I specifically told you to send it Special. Did you???

[j109]

3.To set aside the Judgment as the Applicant 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 she was refused credit.

4. Yes
5. Hearing
6. 1 Hour
8. District Judge
9. Defendant
10. The evidence set out in the box below

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 her that her 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 she does responsibly with all her other lawful bills.
The Applicant requests that this Judgment be Set Aside as it is unfair on her through the effect it has on her credit record and she 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.

I WILL ALSO E-MAIL YOU THE FINAL DOC WITH ALL MY DETAILS AND THE COVER LETTER, thank you.

[j109]

My husband posted it for me and he did it recorded, first class.

[legalpickle]

Originally Posted by j109

3.To set aside the Judgment as the Applicant 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 fi