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

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

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

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

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

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

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

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

Should I post it again this time Specail delivery? I understand i'll have to wait another week.

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

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.

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

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

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

Thanks Legal,

Will do.

Mrs Jai

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

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

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.

Hi Legal,

Hope your well, well I have done the letter, not sure how well I have written it, as I am very bad at writing letters, did it whilst my 3 month old baby was screaming.... please take your time and let me know what you think, I will be going to bed now, so speak to you soon,

Thank you

Jai

Thanks Legal,

I will do, Ill try and have the letter done by Monday,

Thank you & good night....

Jai

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

Bump

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

Jai

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

thanks

Jai

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