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Everything posted by mjt2013

  1. It's not actually that unusual. Say for example A sues B and C who are husband and wife for an unpaid loan, both B and C are Defendants and the debt is joint and several. B may admit the debt and receive a judgment whereas C may defend the claim on the bias that she was unduly influenced by B to sign the loan agreement. In relation to C the claim could then be stayed if A doesn't intend to proceed with the claim against her. Another way of looking at it would be if B didn't want to defend the claim, it would be very unfair for B to be forced to do so because C had filed a defence! In relation to the OPs case, I think the judge who heard the application to set aside the judgment was harsh but technically correct because each Defendant should file their own defence (or a single defence signed by both) and therefore, in default of a defence, judgment was properly entered. The question then is just whether the OP was able to convince the judge that, nonetheless, the partner had a real prospect of successfully defending the claim and clearly this was not the case.
  2. I think it will probably depend on what lenders you and your friend are talking to. There are some which specialise in lending to bankrupts/people with poor credit whereas the vast majority won't. Having a CCJ and a charge doesn't stop you from getting credit per se but the lending criteria will be much stricter as a result.
  3. I'm a little bit unclear here but if you're saying the CCJs have been paid as part of the IVA then you should apply to the court for a certificate of satisfaction, I don't think you need to use an N244 or even attend court.
  4. You're not legally bound to provide it at this stage but if you don't you run the risk of being taken to court and then you'll pretty much have to provide it if you want to avoid liability. If you have this evidence why not provide it and help to sort the matter out?
  5. Be mindful that when you come back from holiday you'll only have a few days to request any documents the other side have listed so you'll want to get on to that ASAP once you return.
  6. So that people can help with this, have you been given permission to appeal or did you appeal in time or do are you seeking permission as well?
  7. Could you please type out the full wording of the order including any preamble?
  8. I would say that they're served PoC but defective, a car with a wheel missing is still a car
  9. Did you send in your defence to the court? This seems rather odd.
  10. Are you sure you submitted your defence on time? If you submitted a defence form, regardless of what was actually said in it, the court wouldn't have been able to just enter a judgment which sounds like what has happened here. The court would have had to deal with the claim in some way even if just to strike out the defence without a hearing.
  11. Yes, that's true. Perhaps a redetermination would be the OP's best bet.
  12. I don't wish to be over dramatic but one enforcement method would be bankruptcy which, although perhaps rather futile if you have no assets, could be used precisely because there are no other real enforcement options. I would be way about applying to set aside the judgment even if you're exempt from the court fee because you wouldn't be exempt from the other side's legal costs and unless you can at least run some argument that suggests a defence I think you may just end up increasing your debt. I'm not really sure where this information gets you to be honest but I would ultimately suggest that you really try to negotiate payments with the creditor because if you are too bullish in saying that you can't pay then they could consider bankruptcy just to spite you.
  13. It would be a ground 8 mandatory claim in all likelihood because the rent wouldn't have been paid once two months passes. Once the receiver is appointed they are entitled to the rent, not the landlord so continuing to pay the landlord is the same as paying it to your neighbour.
  14. The receiver can unfortunately evict you if you continue paying the landlord post appointment.
  15. Pac Man, if you feel that you're not getting much help then you've got to try to help yourself. This forum has loads of info, draft defences and templates you can consider. If you were to say "I've read up, I think I should do x next" then that gives people here something to advise you on. If things aren't moving fast enough on your thread then being pro active will really help.
  16. I've already given my advice on this point, the OP merely wanted clarification of it but no one is prepared to give it to him. I do indeed pick holes in wrong advice because I believe that people who post here looking for help deserve the best information they can get rather than ill informed opinion which could lead them to make a bad decision, I make no apologies for putting the interests of people who come here in good faith looking for help above those who want to feel like lawyers but don't have the knowledge or skills to pull it off. In this instance all you had to do was acknowledge the costs risk so that the OP could take it into account, it's not hard to do. I have reported the abusive content of your post and will say no more until it is looked at by the site team. I recognise of course that because one member of the site team will be asked to review another team member's post you will be vindicated and the OP will suffer as a result but at least I'm prepared to go through the motions of dealing with abuse properly rather than responding in the same manner as your own post.
  17. That doesn't address the OP's question though does it? It's really not fair for you to be so cavalier with other people's money and, let's face it, life.
  18. Do you not think it would be nice to mention the risk of costs and confirm what I have said so the OP can make an informed choice? I'm not sure that just ignoring the issue will do the OP any favours in the long run, particularly as he has already been given bad advice on the costs implications which if not corrected could cause a real problem later down the line.
  19. The Defendant will get a copy of the defence and then decide whether, and how, to proceed. You could have a look at threads here where people have received claims if you want to understand the process from the Defendant's perspective.
  20. Obviously my suggestion was that the money would be paid in a lump sum well before it got to court. The problem with 'working with your landlord' once receivers have been appointed is that nothing the landlord does post appointment binds them so he may offer you a new tenancy but it won't have any legal effect.
  21. According to the earlier posts the amount claimed is over the small claims track limit, this is likely to go on the fast track. If it does and the Defendant loses it could cost him thousands in costs. Also, there is no guarantee that the court would order payment at an affordable rate. I'm not trying to suggest that the OP should fold but the above 'advice' is just wrong. The OP deserves to know the risks before proceeding.
  22. I appreciate that this is now sorted out but for anyone reading this in a similar position I often suggest that you save your rent money in a separate bank account pending the clarification of who it has to be paid to, once you're sure a lump sum can then be paid to being you up to date and avoid a possession claim on the basis of rent arrears.
  23. But don't believe what they tell you necessarily, most landlords in trouble will tell tenants to keep on paying them. They won't pass that money on and then the tenant ends up in a financial difficulty because the rent hasn't been paid.
  24. The forum rules prohibit recommendations I'm afraid.
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