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Found 62 results

  1. Hi All I let out some rooms last year and had a tenant move out with out any notice and the tenant requested the deposit returned, this went to the Tenancy dispute service who had registered the deposit and they found in my favour and advised the tenant that this was legally binding as they had agreed to arbitration. The tenant went and filed a county court claim which i responded to straight away and within the given time, send by recorded delivery and heard nothing more, around six months later (this week) i received a letter advising judgment for the claimant as " no acknowledgement of service had been filed" with an advice that costs will be determined in due course . The case has no merit and they haven't acknowledged receipt of my defence and AOS , so is N244 the only way? Any help will be most appreciated.
  2. Hi, I have received an n24 form “general form of judgment or order”. It states that point 1, it is ordered that judgment for the sum of £1450 and interest to date of £92.08 plus various fixed costs and hearing fee. Total £1964.50. Point 2 states that the court have assessed additional costs claimed .....”and such costs we summarily assessed at £700.00”. Point 3. Above sums to be paid by 4pm on 16/11\18 Dated 26th October Hoping someone can help me understand this. I did try to settle out of court, but the claimaint was seeking an additional £700 (which would have meant £1400 in total over and above judgment amount) in costs. I was advised to let the court decide on this, and in doing so they have assessed the costs at £700. What I really need help on is the fact that I thought I would have 28 days to pay the judgment sum in point 1, but this form is suggesting that all monies including costs have to be paid by the 16th at 4pm. Have I understood this correctly? Or is it the costs awarded in point 2 that have to be paid by then and I would still have until 28 days after judgment to clear the judgment sum? Thank you very much for your help.
  3. Hello My judgment Creditor has destroyed the CCJ. Can this CCJ be renewed by Judgment Creditor? Thanks
  4. Hi all. Right so I had a Vanquis credit card, it defaulted in 2015 with about 3k owing. Ive had various letters about it from Cabot (whom the debt was assigned to at some point) and Dydens. In 2016 I recived a latter from Drydens, threatening legal action and also making lots of inaccurate statements about the CPR and legal process, etc...I replied to Drydens asking for the usual stuff, letter of assignment etc, they replied saying they were halting any legal action. In 2017 I received a letter from cabot again saying no legal action would be taken. Then last week I received a letter from Mortimer Clarke saying that they were now the solicitor AND also including form N434 - Change Of Legal Representative but on this form it staytes Claimant = cabot, Defendant = Me, Claim Number is blank. The actual letter claims judgment was made against me on .... (yes that what it says, there is a blank space !). I have not received any letters about this claim, I suspect there is no claim, I phoned Mortimer Clark who said the claim was performed by previous solicitors Drydens and that they didnt have the claim number..hhhmmm Ive phoned cabot who know nothing about this so it look very like;ly there is no claim. Im surprised though that MC are prepared to lie in this manner, it appears to be it could have serious repercussions. An obvious give away is the form N434 they sent me, this is required to be sent to all the parties and the court, are they seriously saying they sent this to the court without a claim number !!???, as I found out this couldnt be a admin oversight as they dont actually know the claim number. Any thoughts on what next ?. I intend to phone Drydens to hear what they have to say. Phone Northampton Court, not sure if they can help with a claim number but Ill double check there hasnt been claim. Write complaint to Mortimer Clark, why are they misleading me, is this fraudulent ?, they are after all trying to pressure me to pay what hasnt been adjudicated on yet. Follow up this complaint to SRA Andy
  5. Good Afternoon First post so be gentle.... Basically i got a first letter through from Restons via claim form from a debt from 2002, which i sent back the CCA and was abruptly pointed out it was a letter widely circulated on the internet and they didnt belive there was a genuine dispute. In summary MBNA transferred the rights in 2006 and i was advised i should have had a letter stating this around that time along with a notice of assignment from Arrow Global Accounts who had bought the debt apparently. I wrote back to the letter dated 27/05 to advise of new address to send any further correspondence along with a "prove it" letter. Low and behold i get a Judgment for Claimant CCJ dated 30/05 stating as i hadn't responded to the claim. I'm fuming, upset and worried. Should i phone the court and get appeal forms? I appreciate any help on this matter Regards, Michael
  6. Hello again, I have issued a 1-2k claim against a service provider "Spottish Powder" using MCOL on 21 JAN. They filed an AOS, and time to file the defence expired, either today or yesterday, I think. MCOL will now allow me to file for a DJ. Should I do this, or wait? Thanks in advance.
  7. Hello! This site has proven of great help. I am posting here on behalf of my nephew. to cut it short, nephew was supposedly parked in an Ibis hotel car park and was not a guest. Received a ticket from Civil Enforcement Limited . He ignored it because it was not his vehicle having repeatedly told them. As a result, they took nephew to court. He was able to set aside the judgment because the claim form didn't specify what the amount being claimed for was and also, it was not signed by a 'person", but by a company. I accompanied him to court and the judge set aside the judgment. Nephew received a letter following on from court hearing where it said: 1. The judgment against AU dated 27th Nov be and hereby set aside. 2. Claimant to file and serve a fully particulated Particulars of Claim by the 5th March 3. Defendant to file and serve a defence by the 19th March 4. Direction Questionnaires by the 9th April. Nephew spoke to court and they advised C's have not filed a particulars of claim. Question is - should nephew still file his defence? AND Can he counter claim for compensation? Many thanks, Jay
  8. hi all im new to all of this I have recieved a letter of judgement for claimant before this i recieved a letter that supposedly acknowledges a debt with studio but it doesnt have my signature on it and in less than a week i have had a judgement for claimant letter and i dont know what to do.
  9. Hello, Found myself stuck in a bit of a situation and feel over my head. Have just received a letter from Lowell solicitors in the post titled 'Second notice of county court judgment (ccj) arrears - £150' This is from an old debt from orange dated 2013 or thereabouts. i last received a letter from them in 2015 and have never contacted them in-regards to the debt. The letter starts We wrote to you previously regarding your judgment arrears, but we are yet to receive the payment as required under the terms of your CCJ. As a result you currently have arrears of £150.00 This is the first i have heard of any CCJ or any letter other than in 2015, the debt is for a small amount of £590 repayment is no issue, but i wish not to cause further harm to my credit file. I have checked my credit score on clearscore, no sign of ccj or any changed or listed debts etc. Paid and checked my name and address on registry trust,once again nothing registered. My problem is where do i go from here? Who do i contact? What do i ask? Why isn't this supposed CCJ showing on my credit file or the trusts website? My current address i have lived in 8 months and is registered to my name on electoral roll etc. Previous address i lived in for 3 + years. The letter further on threatens county court bailiffs etc attachments of earnings etc. Repaying the debt is no issue, what is important to me is my credit score. having spent the last 4 years rebuilding it i would like to keep it on the up. Ok so i have just checked my credit file in depth, i have just found this. What changed in August 2017 You are now on the electoral roll at your current address •You opened your LOWELL PORTFOLIO 1 LTD (I) •Your LOWELL PORTFOLIO 1 LTD (I) account went into default •You closed or settled your LOWELL PORTFOLIO 1 LTD (I) account When i check on noddle i am greeted by this active court judgment. Judgment date 20/06/2017 Amount £ 587 Court name County Court Business Center On the accounts page it shows an open account with Defaults monthly since the opening of this account. Looks like my credit score is shredded Thanks in advance guy.
  10. Here's a good one. I send a letter of claim to the Defendant, a company, on the 5th of December 2016 which is ignored. I sent a follow up letter on the 31st of January which is ignored. I issue proceedings on the 27th of February which are deemed served on the 3rd of March. The Defendant files an acknowledgement of service saying they will file a defence within 28 days of service. They fail to file a defence. I apply for judgment on the 4th of May and judgment is issued on the 5th of May. Defendant pays judgment on the 22nd of May. Defendant writes to me on the 22nd of June saying that they want to overturn the judgment as they always intended to file a defence. Defendant says they will sue me for the judgment money unless i accept their offer of paying them back 75% of it and the entire thing is wrapped up in a Thomlinson Order. Incidentally, despite all this, the Defendant continues to do the wrongdoing I sued them for. What do people suggest I do?
  11. Hi, Received two letters today: One from Mortimer Clarke Solicitors (dated 28/01/2016) Re: Cabot indicating that they have received no response to the claim form issued.( I was going to ignore it until I looked at the second letter...) Letter Two: Judgment for Claimant (in default), from the County Court, dated 28/02/2016 Claimant: Cabot Financial (UK) Ltd. I checked my credit file using Noddle: It shows one active credit card which is OK and currently active. Then .. Starting from Oct 2015 to Dec 2015 there is an entry for Cabot with a Default for each month. There is nothing else there, no balance history . The account details state that it is a credit card , defaulted 25/04/2010 - Balance: £680. Account start date 11/04/2008. On public information there is a CCJ from 28/02/2016. I had two credit cards back then , one I know was paid off, the other obviously was not. I think it may have been a Capital One credit card. I have never received a Claim form and have not had any dealings with Cabot. I have not had a Notice of Assignment . Should I contact to Court to apply for the Judgment to be set aside because I did not receive the Claim Form and have no proof that I owe Cabot anything? Can I get a copy of the Claim Form? (i feel disadvantaged because they seem to have all the information whereas I have none) Should then CCA Cabot and CPR 31:14 Mortimer Clarke? Any help or guidance greatly appreciated .... Thanks.
  12. Hi I require some legal help for a friend who attended court today and lost due to unfair judgement my friend rented a property off the books (no tenancy agreement and cash rent payment) for 4 years she decided to rent a place with a garden so told the landlord she was moving out, the landlord was not happy as this ruined his pension plans (landlords words) so she decided to take my friend to court claiming she broke 2 beds, ripped stair carpet left the house with mould around windows and left the property in a mess and had to renovate which was rubbish as the landlord sold it two weeks later in the same condition the property was left. she had a legal friend from her place of work to inspect the property before she handed back the keys and took photos of the property for proof, when my friend moved in there were beds which she didn't want and one of them was broke she text the landlord stating she did not want them via and had a reply via text stating to throw them out, she also had text messages regarding the carpet which was chewed up by the landlords dogs stating the landlord will renew the carpet (this never happened) she also made numerous complaints about damp sent via text with replies they will sort it out but never fixed. When my friend vacated the property the landlord was straight on to Facebook calling my friend a skank and liar and a thief and a few other words which i won't repeat, we were able to print off the Facebook comments for evidence as this was slander The property had damp problems and mould as she has a 6 year old boy who has severe asthma and is autistic my friend had evidence from the doctor stating the since they left the property her little boy's asthma has got better My friend also had evidence from a builder who the landlord ask to go the property and check the damp and leaking roof and told him to bodge it which he did and and the roof still leaked hence the mould and damp problems The boiler have never had a gas safety certificate in all the time she rented the property legal requirement property was rented without mortgage company's permission and cash rental every month so the landlord didn't have to pay tax Today (15th May) she went to court at 11am to be told the hearing has been postponed till 4pm she walked in the court room sworn in, the judge said that this wasn't his case and he should have finished an hour ago and was in a hurry and then told my friend she had no proof that the landlord gifted her the furniture and beds to throw out (which she, did text messages ) she had her legal friend with her for help, the legal friend ask the judge if she could say something in defence and judge said no you can't and made judgement straight away for £3700.00 to landlord the landlord claimed for kettles, toasters, dishwasher carpet through out and 2 beds plus one month which they claimed my friend owed but the land lord had no receipts in her evidence for any listed items and no tenancy agreement i have said she need to see a solicitor to try and have the judgment set aside and appeal if anyone can spare us some advice on how we can move forward many thanks for your help
  13. Hi, I am currently representing my daughter on the McKenzie friend basis in her claim for unfair dismissal on the grounds of discrimination ( pregancy ) We have followed all the procedures through ACAS and we are currently taking her employer through the Employment Tribunal, which has taking about seven months to get to a Trial which has been listed for next week 4/5th February 2016, this was after a previous hearing. Today i receive a letter from the Tribunal stating that the trial might be postponed on the grounds that despite knowing for a number of months that in any event, the trial would be considered by a panel rather than a single judge because it is a discrimination case, to use this as a reason, and so late in the day does not add up, they would have known months in advance that a panel would need to be assigned, so in using this has delayed even further. The Tribunal are also aware that the Respondents are in abuse of process as they have failed to abide the previous order for them to provide a trial bundle, witness statements and further and better particulars in readiness for the trial next week? Because of this we made an application for the Tribunal to make an unless order for this evidence to be giving as all of it is central to the claim and it had been previously ordered. We have also written to the other side and in anticipating the Tribunal not making the unless order, which seems very reasonable, by stating that we would provide our own trial bundle and giving them seven days to object. Since all of this has happened in the last couple of days, the Tribunal as it would appear are bending over backwards in allowing the previous orders be breached and ignored and they have also giving the Respondents more time to defend a claim that evidently cannot be defended because of the circumstances which led to my daughter being dismissed. Whilst i am not legally qualified as to adjudge it would a appear that (a) she has been denied the right to a fair hearing because her opponents have abused orders which if followed would have allowed the trial to proceed and ( b) the Tribunal could have not only made the request for that evidence to be disclosed, in postponing the trial next week, giving those facts and the excuse of needing a panel, which would have been knowledge as soon as pleadings were made, i feel this is unequal and unfair as the Tribunal are not only allowing orders to be breached, they are also giving the Respondents more time to further breach the orders. My daughter i feel has a very strong case and my theory is that because of the strength of her case, the opponents and the tribunal are doing everything in their power to keep this matter out of court. It is hard enough and most times financially impossible for pregnant woman to establish unfair dismissal claims because they are pregnant, the Tribunal who should protect, if my experiences are anything to go on make it even more difficult by allowing employers the right to ignore orders and as in this case give further encouragement for this to happen again by postponing without reason or justification. Any help would be greatly appreciated by this angry dad:mad2:
  14. The comparative (statutory) 8% interest (if applicable) on judgment debts in Ireland has just been reduced to 2% (wef Jan 2017) '...as it was widely perceived that the 8% rate which had applied since January 1989 was punitive and no longer reflected current rates.' Lexology Will England and Wales follow suit re its own '91 Order, re the Judgments Act?
  15. Any help would be appreciated. I am trying to establish whether my solicitor has acted negligent by not following the pre-action protocol in respect of a Disrepair claim which has now been settled, after 6 years of my local council denying liability under the OLA 1957. I had an accident during the period where liability was being disputed but my solicitor is claiming that he did not have the funds to pursue a PI claim but never advised me on this, and on checking the pre action protocol under Disrepair claim there is reference that would suggest that in any event, a claim for PI arising from a Disrepair claim could and probably should have been made by a qualified legal representative as the Disrepair procedure makes reference to a PI claim if an injury has occurred because of the disrepair, in this case a out-house flooded everytime it rained.
  16. Last year out of nowhere I received a warrant for execution for a CCJ that I had no knowledge of. It transpired that it related to an old overdraft with HSBC that I knew nothing about. The claim was filed by Lowell who had never contacted me regarding the debt at any time. I arranged to have the Judgment set aside and then proceeded to defend the claim. Judgment has now been found against me and I want to know if anyone can advise me as to what to do next. I have no knowledge of an account with HSBC and never used one. Lowell have not provided any application form showing that I opened it or used it. The only evidence they have provided is some copy bank statements from their own database. The account is in a variation of my name - not the name I used. I in fact had a different bank account at the time - have had it and used it for over 10 years. First question therefore - if they do not have an application form or any other form of official evidence - is that enough basis for a claim? I cannot believe that some print-outs from the claimant's own computer is sufficient evidence of anything but is there a legal authority on this point? Second point, the overdraft was "called in" in 2007 but the claim was issued in 2014. I disputed this as being statute barred. In response Lowell suddenly came up with a spreadsheet from their own computer database with payments supposedly made my me and therefore claimed that it was capable of being the subject of a claim. They have not provided any evidence linking me to these payments - they are just dates, amounts and say they were made by "standing order" (but no details of the bank they were made from). I have spoken to my bank and they confirm no standing order payments or payments of any kind were made on the dates they allege. Do they not have to show where the payments came from? I am now in the position where I need to decide whether to apply to have the Judgment set aside again and dispute it further but having already failed once I am a bit concerned about this. I cannot understand how they can have a valid claim when they have no evidence other than that mentioned above. How did the Judge find in their favour? I can't afford to make the application to the Court unless I have some solid evidence behind me to fight my corner.... . which is why I am posting on here. Can anyone point me in the right direction or give me some pointers on how to fight this? I have reported the account to Action Fraud but I don't feel that Lowell will investigate this properly as it is in their interest not too! If they find evidence of identity theft or fraud - then they don't get their money! I have also reported Lowell to the Financial Ombudsman as I think they are wrong to pursue a statute barred claim. Any help here would really be appreciated as I am at a real loss.
  17. I am trying to pursue a company in Scotland via small claims court, I have received the paperwork back today Subject : Claims Issued Out Of Jurisdiction Please find enclosed claim forms returned to you for service, As this is a claim form to be issues out of the jurisdiction of the court. Money Claims Centre no longer servers the claim form direct to the defendant. The money Claims Centre has received this guidance from Court Business Support and as directed by a District Judge. Rule 6.4b of the cilic Procedure Rules only refer to general service by first class post to a jurisdiction within England and Wales and does not apply to foreign process. There is no provision to serve papers to addresses outside England and Wales I have rang PSU in Liverpool who in my opinion wasn't overly helpful in the pack returned I have :- Notice of issue (Duplicate) - I believe I keep this and fill in the missing dates of when sent, when it was received and date to reply Copy of claim form and submitted evidence - which I send to defendant N510 form - do I send that to the defendant ? Response form - which I assume the defendant needs to ? I need to know if I can put all the paperwork in the post and send via recorded method ? I need to know how many days I have to give the defendant to reply ? I know this is urgent and need to deal with it ASAP thanks for your support
  18. Greetings.. Hi, I am new to this forum .. ITS REALLY A GREAT SITE. I would like to get some advice from your great service for my claim case . I explain briefly below; I am the Claimant and a judgment was given DEFAULT in favour of me in a county court for my unpaid wages as Defendant did not come to the HEARING. As defendant did not pay me , I was about to make an application to the court for the service of Bailiff , then Court Notice arrived with the copies of judgment set aside application and a witness statement of defendant , saying as follows; '' TAKE NOTICE that the application to set aside judgement Hearing will take place on 1st November 2016. 30 Minutes has been allowed for the Hearing '' please kindly help me to answer the following; 1. Should I take my eye witness along with me to this Hearing to prove my case which I hope will help not to set judgment aside ? 2. Can I send my witness statement with my REPLY to the court for the defendantst false details? 3. Actually what will happen at this Hearing and what will the Judge ask me ? 4. What is the consent order ? I coundnt understand it fully .please give some details.. 5. How to write to Judge to make an Order to the defendant to bring some documents for the HEARING , I many times had asked for from defendant which he did not serve me yet? hope you will find some time to answer me kindly.
  19. Hello, I am not entirely new to the CAG forum, but forgot my old login, today I had a horrible surprise, and I hope someone might offer some assistance as to what the best practice would be to go forward. This morning I opened a letter that said a company has obtained a judgment against me and require payment of £1300 I did not receive a letter from any courts regarding the companies claim, but it seems they have me in a rather unhappy position. I am supposed to pay by the 29th of this month, this was for a bill that was £50. Had I been informed of court action, of course I would have made a defense. I have spent many years recovering from debt and this year I have just started to get my credit file back into the green, waiting 6 years for an old debt to go away, so very sad.
  20. Hi Guys I've been granted a default judgment against a large well known house builder company for just under £5k. They initially filed an acknowledgement of service to defend the claim but failed to respond after I sent the particulars of claim. I took the next step to request payment immediately but would like some advice about the best way to enforce this judgment if they fail to make the payment. Can they still apply to have judgment set aside at this stage? If so, what happens next? Your help would be appreciated as I'm unfamiliar with these matters.
  21. Hi, As part of a house renovation I had to have a sprinkler installed in my house to comply with Building Regs. I contracted a sprinkler company to do this in June 2015. They told me it would be installed as I neared the end of my renovation so it was done on the 30th November 2015. Unfortunately the following morning after the installation I came into the house (we are not living on site) to find water on my kitchen floor (their pipe connection to the mains water was under my kitchen sink) and in half of my living room (open plan room). I immediately contacted the sprinkler company but since that event they have not been responding to my e-mails or phone call bar one e-mail to say that they do not accepting liability for the cost of damages. I issued a claim against them via he MCOL on the 5th February 2016 for £4.5k. Their deadline to reply was the 24th February 2016. I did not hear from them. I e-mailed the court after this date to see if they had received a response and they replied to say no response had been received. On the 8th March 2016 I called the court about what to do and they told me that I could enter a judgment against them. After the call I completed the form to enter judgment and it was issued on the 9th March 2016. Yesterday, 11th March 2016, I received an e-mail from their solicitor with the below: "Please find attached a copy, by way of service, of the Acknowledgment of Service that we have today filed at the County Court Business Centre. So that we take full instructions from our insured and insurer clients please confirm whether you are agreeable to our client having an extension to file and serve their Defence to your claim. In accordance with the Civil Procedure Rules, t he parties are permitted to agree an additional 28 days for service of a Defence without the Court's permission. Please confirm whether you can agree to our client serving their Defence by 4pm on 5th April so that we may notify the Court accordingly." Can anyone explain what this letter means? If Judgment has already been issued then what is this letter for and why would I want to give them an extension to file a Defence when they should have submitted or acknowledged the claim when it was first issued to them? Any views and advice would be greatly appreciated. Thank you!
  22. See attachment for full judgment A Retailer v Ms B and Ms K Approved Judgment 09.05.12.pdf
  23. Hi all Looking for some help with a summary judgment in a civil matter county court. I have been in dispute with a company who has issued a claim for damages totaling £6,000. got the court papers, sent in a defence and got a CMC hearing date. unfortunately i was in hospital 2 days before the CMC and couldn't attend. At the CMC hearing the claimant applied for Summary judgment (in person) he didn't submit an application form or pay a fee. The judge at the CMC hearing granted his application and the Summary judgment hearing happened their and then. The claimant submitted his evidence (very weak evidence at that) and the judge awarded him the full amount of the claim. The help i need is can the judge do this because from what i have read this is not allowed as the summary judgment application has to be filed with the right fee including supporting evidence, send a copy to me and then a hearing date set in the near future that i could attend. Any help would be grate Thanks
  24. This afternoon the long awaited judgment regarding Stephen Duff's Judicial Review was handed down by Justice Edes. For those who have been following this case, Stephen Duff (the Claimant) is a Certificated Bailiff and runs a business called ProServe which made a large number of requests in 2014 to DVLA for disclosure of keeper info despite not being a member of an ATA. The judgment is extremely important and no doubt the legally minded members on here will have observations after pouring over the finer details. It is now expected that DVLA will refuse to provide data to any other company who are not members of an ATA. http://www.bailii.org/ew/cases/EWHC/Admin/2015/1605.html PS: If the link does not work......further details and a copy of the judgment can be accessed from the Parking Prankster here: http://parking-prankster.blogspot.co.uk/
  25. Hi everyone I am having a terrible time of late and this letter has just about done me! On Sat I received a letter from BW Legal dated 13/05/2015 on behalf of Lowell (I'm pretty sure they are the same company?) saying 'A COUNTY COURT JUDGMENT HAS BEEN ENTERED AGAINST YOU' 'On 17 April 2014 our client obtained a County Court Judgment against you in the sum of £420.50 in the Northamptonshire (County Court Bulk Centre) under claim number ********' Details of this judgment will be enterd in a public register, the Register of County Court Judgments, That information will then be passed to credit reference agencies which will have an adverse impact on your credit file' 'Unless the full amount of £420.50 is received in this office within 10 days of this letter, we will seek our Client's instructions to enforce the County Court Judgment against you' Have I got a CCJ? I have tried checking my credit report today but it says it is not available. I already pay Lowell £6 each a month off 4 accounts I already have with them. Why would I not have set payment up for this one as well? I don't remember receiving any letters saying I was being taken to court. It is for an old JD Williams Catalogue debt. I am 6 months pregnant, I lost my job in March and have no income apart from housekeeping money my boyfriend gives me, until my Maternity Allowance gets sorted out and I am back on anti depressants so I really don't need any more crap piling on top of me. Can anyone help me out with this situation and what to do next. Many thanks Lisa
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