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j109

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  1. Im sorry to write back, but just wanted to say im sorry to have frustrated you like this, but how I told you the information was how I found out at those stages, I was in no circumstances trying to hold back anything and not telling you the whole story, I want to say thank you for all your help and advice, this judgment has now been cancelled, and that was with all your advice and guidance, im sorry to have troubled you and made you think I was taking you for a ride, this was not my intention. Goodnight and thank you once more. Jai
  2. Hi Legal, The claiimant issued a claim in May, I never received this claim, my son did and he filled in part admission, and from there they were dealing with that claim, so in all there are three claims for my sons rent arrears. This third claim was also issued to me but my son filled in my defence form without me knowing. The claimant is now asking for £84.47 which I am going to send a cheque for and also have included in the letter that this is for full and final settlement, and that he has 14 days to send a letter to the courts to have the judgment set aside or I will be filling a N244. Thanks Jai
  3. Quote: Originally Posted by j109 Hi Legal, Just wanted to let you know that I have recieved a letter from the claimant and he does not seem to happy, he has now advised me that we still owe him more money, and I don't know how but he has told us about another claim form which he sent me a few months ago which I did not know about either, it was my sons doing, but anyhow I have spoken with the estate agent and I have agreed to pay the outstanding amounts which are intrests and court fees and then I will send the N244, I just wanted to say thank you for all your time and help. I will update you on this forum if I manage to get it set aside. Thank you Jai Jai, Let me get this straight! He's asking for more money and has issued another claim form? This is unlawful and not allowed. 1. He must send you a letter before he issues. You can't just issue a claim form without any notice. You must have the right to pay without incurring the interest and court fees. 2. He must mitigate his losses. If he considers you owe money, one claim must cover it all. As he's not issued it within one claim and you have paid all that you owed from that one claim he can't put it in another claim as that would end up costing more. I recommend you refuse to pay the interest and court fees! This is unfair on you and I would take him to Trading Standards. If they refuse, then send the cheque together with a cover letter saying that you are paying in dispute will be making an Application to Set Aside Judgment and issuing a claim against him for the court fees and interest as he did not let you know about the court action, and has absolutely no excuse for issuing two court actions against you. If you deal the way you have indicated in your PM and posts - settling without evidence and at every request - then people will walk all over you. Also, if he's issued a second claim, then where is the claim form? Where's the Judgment in your credit record? Please post on the thread in future and not by PM. legal
  4. Hi Legal, No worries, I know how life can get hectic sometimes, I will wait till Mondau now and ring them and get an e-mail address and e-mail them what you have asked for. Thank you, Good night, (Good morning...) Jai
  5. Hi Legal, Just a quick update, spoke to the estate agents, they have informed me that the claimant wrote them a letter about removing the judgement, but they said it was not what we required so have asked him to redo it, sounds like hopefully I won't have to do the N244, I have informed them that I will wait till Wednesday, and if I don't hear anything I will proceed with the N244. Thanks Jai
  6. I will do, thanks Legal, I will post back with what I decide to do, no unfortunately I don't have a fax machine, will call them tomorrow. Thanks Mrs Jai
  7. Hi Legal, Hope all is well. I have received a letter from the estate agents this morning, this is what it says.... Dear Mrs Jai RE: COURT CLAIM Please find enclosed copy of claimants reply and cheque for £12.53 being your over payment of the court fees and interest by this amount. We have passed a copy of your letter onto Mr ****** as requested. Mr ****** has advised us that he is unavailable to respond within the seven day period and will respond in due course. Legal do you think I should wait a further 7 days or do I proceed with the N244? I have not sent the letters out again as I received this letter today. What action should I take next? Many thanks Jai
  8. Ok Legal, Sorry should have made sure it was Special, I will re-send the letters on Tuesday, and Ill have to put the application on hold for another week. I'll get the other documents ready so if we need to send of the forms. Thanks for your time tonight, Im sorry about this blunder. Mrs Jai
  9. Should I post it again this time Specail delivery? I understand i'll have to wait another week.
  10. My husband posted it for me and he did it recorded, first class.
  11. 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.
  12. 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
  13. 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
  14. 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
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