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Showing results for tags 'set aside judgement'.
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Hi all i need help please with regard to a CCJ i received a claim form from the court with regard to some debt which was not even mine but it was report as fraud in 2008 for something credit by HFC accord to the lowel profolio. I have no idea what they want from me, even my name last name on that letter is one of my middle names, i have called them and advised them of this matter. i did not send in the claim form back to the court or rather missed that date, so now i filed for the judgment to be set aside in, hearing was today on the 11/08/2017 but the judge was only focus if the name on the letters is my name which is my first name and middle name but not my last name, the judge was completely on their side and not listening to what i have to say, that this was not my contract to pay and it was a fraudulent contract. now they have given me sometimes to submit a defense for the 27th.. my main focus is to get the CCJ removed one way or another even if i have to pay it to get it off my file, i am aware there is a 28 days,, What are my chances on getting the ccj removed or set aside and what is required of me on the defense sorry but this is my first time to get something like this or to be involved in one.
Hi there, bit of background info on my case- A motor vehicle garage has been chasing me for invoices which they claim I was liable to pay. I brought vehicles in to be repaired on behaf of my boss, who owned a car selling business. When the account became overdue, they started sending letters to my home, and eventually took me to court. At the court ruling, I thought if I explained to the judge, he would understand my position. Unfortunately, the judge found in their favour, and I was oredered to pay. This was four months ago. I have now had time to gather some evidence i.e. tenancy agreement which shows that my boss rented out the premises where the cars were sold, I was merely an employee, also my bank statements which show that I never paid any of the invoices, as they claim I did. I have now made an application to have the ccj set aside, and the hearing is set for net week. What should I use as a defence to ensure success? Obviously I'll take all the paperwork Ive managed to gather, but are there any particular things that i should ensure I do or say? Also, how likely am I to have a judgement set aside? Do judges normally do this if you want another opportunity to defend your self? I'm grateful of any information you can provide me with which may help. Many thanks.
Ok this is a brief history of my last 4 years so you can see where I am coming from. My business collapsed in late 2007 leaving me in all sorts of financial problems. The problems compounded themselves with my stupid decisions to take out more finance etc. Well having struggled through all manner of things including using the dreaded Log book loan companies and losing my car and payday (read crazy interest) loans I am happy to say I have now reached the position where I have paid all my debts in full apart from 2. I was so stressed by various things at the time that I didn't respond to lots of letters, in fact I didn't even open them. I was aware of my debts existance but not how far things were going. One of my outstanding debts was with a solicitor I used to wind up the business but then could not settle his bill in full and the other was from a supplier. Both of these companies applied for ccj's and of course, as I did not even open any letters, they won. I have not been in contact with them at all but I have now saved up enough to pay them both off in full, which was always my ultimate intention. I would like advice as to what to do next. Should I contact them and ask if they will agree to have the ccj's set aside in return for full payment? They are both 2 and a half years old now so they probably think they will never get paid. Or should I apply to the court to have them set aside? Then if successful I could pay in full and they would be removed? The main reason for this is that I would have been out of debt a lot sooner had I not had them on my credit file. My mortgage broker tells me I am paying nearly £200 per month more than I would have done if I had no CCJ's. My only other blemish on my file is a stupid default from O2 for failure to cancel a contract in time but that was 4 years ago and satisfied so not too bad. Any advice would be most welcome. I must reiterate I have not shirked any of my responsibilities for any debts and have worked bloomin hard to get back into the black. I just want to draw a line under the whole sorry period in my life and move on without being beaten with the bad credit stick for another 3 and a half years.
Please could someone help me to stop an eviction order, looks like I am going to lose my house on 17 Feb 2011 !!! I am desperate and at my wits end. Apologies in advance if this post is too detailed but i wanted to try and include all the facts. Please do not hesitate to contact me if you think i have left anything out, or have any questions. I have put what i think are the most important points in bold, i hope that is ok. Unbelievably, they have a judgement to sell the house for not less than £229,500 when the house was valued last year at £260,000. This is for a judgement of £4,680 (Original judgement was for £6500, £4000 of which was costs !) ! So, after all costs I will most likely have nothing. I have offered to make a payment of £1400 includes o/s amount including march 2011, but they said they would not stop the eviction unless i paid the full judgement amount now standing at £4860 ! Possession hearing details :- The original judgement was served in 2004 from Northampton County Court, but I knew nothing about it until 2008 (at the time I was recently unemployed and on benefits). In 2008, the claimant filed for a possession order at Edmonton County Court and I went to court on 3 occasions, I filed a set-aside judgement, the first two occasions the hearing was adjourned, the judge advised me to re-submit the set a-side. When i first received the possession order i took some advice of the debt collection agency who advised me to request a signed copy of my credit agreement. i wrote to hlcf and received a reply from booker management services who said that they didn't have a copy of my credit agreement, but didn't need it as they had already secured a judgement. i included this in my set aside application which was never heard. further more, the judge advised rather robustly that if i applied for the set aside it would be unsuccessful because 5 years had passed since the judgement and that i would have to pay costs, and was not interested that they had got the judgement because the summons was at an address i hadn't lived at for over 6 yrs after it was served ! On my 3rd visit to court, Nov 2009 (by this time I was back in employment), the judge refused to hear my set aside, stating that i should have filed it to the court where the judgement was granted, when I advised him that on my two previous visits neither judge had mentioned this and indeed told me to send the set aside request to Edmonton he said he was not interested and found in favour of the claimant and grant the possession order. I must admit that i never noticed the judgement was for £6500, of which over £4000 were costs ! Bizarrely despite both the original judgements being for similar amounts, one of the possession orders was for about £2000, and the other for c.£4,500. Not sure if it is relevant but the two original judgements were consolidated to one judgement at the final hearing (where the possession order was granted). Needless to say, i was very overwhelmed by the experience (possibly one of the worst bar this eviction notice). the judge was obviously riled that i asked why he wouldn't hear the set aside because he even added costs of about £400 that the claimants solicitor said that they were claiming, but the judge said it was listed on the claim documents so he was including them. At this point I was totally intimidated and just want to get out of the court room (which I would never be in a work situation but this was different), so when he asked how much i was going to pay a month i foolishly said £200 per month, even though i knew this would stretch me, but i planned to file a set aside or make an offer to the claimant if that was not successful, so wasn't thinking about how that much money would disadvantage me regarding any offer. Post Possession order:- My first payment was for Jan 2010, and i made payments until July 2010 via the claimants solicitor Blake Lapthorn. In July / August 2010, I received 2 letters from Geoffrey Parker Osbourne (GBP) saying that they were now handling the account and enclosed a notice of change of solicitor. In the top box, they listed the court as Northampton CC not Edmonton CC who granted the possession order, not sure if this is relevant ? Also they named booker management services as the previous solicitor not blake lapthorn. The two letters i rec'd from Geoffrey Parker Osbourne, one that said that the current balance £5042.80, one that said i owed £1,552.17, this confused me as i had already paid around £1200 of the original debt. even more confusing was that the claim numbers quoted both related to only one of the debts, as did the change of solicitor notice. A month letter i received another letter saying i owed £4642, at the time i thought they was no way that i owed over £10000. in my conversation with them this week they said the debt was £4842.50, a different amount again. I wrote to Blake lapthorn asking them to confirm that they were no longer dealing with the account, but heard nothing from them. I spoke to them when i received the eviction notice and they confirmed that they were no longer dealing with the account. They advised that they didn't reply to my letter as they were no longer dealing with the claimant, and that they would have issued the letter to GBP. In September, my work contract finished so i am no longer working, i am not claiming benefits which i believe means i would have to pay any court fees, but in the scheme of things this is small fry and not a problem. however, this is the part where i stuck my head in the sand, partially because i was waiting money to come in for the work contract i had just completed. this invoice wasn't paid until end of december, so knowing i didn't have any money i put off contacting GBP. I had planned to file a set-aside judgement to Northampton CC, but in the meantime i received the eviction notice I called geoffrey parker osbourne solicitors when i received the notice (31 jan 2011), the call was taken by a very unhelpful collections dept (not a solicitor), when i said that i wanted to talk about the account he asked me my name and address, which i provided. He then asked for my date of birth, i have never provided this at any point of the case so don't even know how they have it, rightly or wrongly i declined to give this at this point, so he refused to speak to me about the case as he said he needed my debt of birth to comply with the data protection act, is this true ? ? I have tried to call the court on a number of occasions but they don't seem to pick up. I called my local citizens advice bureau, who are also v busy, when i did get through to them they said they had no appointments for over a month and provided me with names of the community legal advice centre and some solicitors. I spoke to community legal advice when the possession order request was issued in 2008, and they said 'maybe its best you let them sell your house', not really the advice i was looking for, esp as i have at least 60K (if not £100k) of equity in the property, of which there is unlikely to be any left if the solicitors/hlcf get their hands on it. As i mentioned earlier i called the original solicitors blake lapthorn to confirm they were no longer dealing with the account which they confirmed. I asked if they had the outstanding debt amount on their records as gbp had indicated i owed more than i thought, they replied that had sent all the details to gbp and that I request a full breakdown of the amount from gbp. I then called GBP and said that i wanted to bring the account up to date including march 2011 and would set up a dd for the remaining monthly payments, this would give me the chance to apply for a set aside to northampton. (i believed this to be c.£1200), and explained i hadn't paid earlier primarily as i never received a letter from blake lapthorn, hlcf or booker management services. i also said that the amount they said was o/s seemed to differ on their letters to me, and asked for a breakdown of the account. They advised that the o/s amount was £4862.80 but said they couldn't provide me with a breakdown of the account ! They advised that to bring the account up to date would be £1200 and initially advised me that this would suspend the eviction notice, i asked how would i know for sure that the eviction notice would be suspended for sure, and they said i had to trust them ! Something told me that this was not sufficient so i asked for a letter to confirm that they would suspend the eviction. She said that she couldn't do this but would speak to the person handling the account, she put me on hold and a few minutes later said that they would only suspend the eviction notice if i paid the full £4862.80 ! Despite my asking if there was any way we could an amount between the o/s amount and the £4862.80, she said that they had an eviction order and would not even consider suspending the eviction unless i paid in full ! Am i not entitled to a breakdown of the amount owed ? This seems grossly unfair since the debt is £4800, as i am prepared to bring the account up to date, and the equity in my property is property is over 20 times that amount ! Furthermore the costs associated with Bailiffs and selling the house will no doubt dwarf the £4800 claimed Please advise anything i can do to stop these people stealing my house. If i have to i will borrow the money from family to pay the o/s amount, but how will i know for sure that they will stop the eviction bearing in mind the eviction is Thursday this week and that have already said that i will have to just trust them. i would rather not have to borrow this money, is this my only option ? If i did pay the money would i be able to file a set aside and if successful claim back the £6800 i have paid these people ? Esp as this hlcf do not appear to exist ? If i filed a set aside to northampton straight away, would this suspend the eviction until my case was heard ? can i file a set-aside (is this a n244?) online ? If i apply to Edmonton county court to suspend the eviction order on the basis that i am able to pay the account up to date (c. 6months behind) plus march 2011, and if absolutely neccassary even put the rest in a neutral holding account until the set-aside has been heard, do i have any chance of being successful ? What should i do ??? Can i even do anything, except pay the amount in full, and what assurances can i get from gbp that they will suspend the eviction, do i contact the bailiffs ???? Apologies for such a long winded message Debt History :- (not sure if relevant ??) In 2000 I closed my account with barclays (which I had held with them for 12 years) because they kept debiting unauthorised payments to pay AOL from my account (I didn't even have a contract with AOL !). I spoke to them on two occasions which resulted in them stopping the payments, but on checking my statements within a couple of months they restarted the payments without my authorisation and at NO time did they credit me the amounts deducted, instead telling me to contact AOL. The 3rd occasion that they restarted taking the payments I cancelled my account. Roll onto 2004, at this time I was TOTALLY unaware of what proceeded to happen. As far as I can make out Barclays sold two alleged debts in my name to HLCF, who filed and were granted a county court judgement(s) in their favour. one judgement was for £1080 relating to a bank account, and one for £1200 for a barclayloan so total £2280 plus costs which i believe were £206 for each claim). I believe that I do not owe these monies and would have defended the case. I have never had a copy of these judgements. I was unable to defend these cases as I believe the court summons were issued in my name to an old address which i had not lived at since around 1998. Barclays WERE aware of my new address, as these case relates to an account I closed back in 2000, and never wrote to me when i closed my account to say that i owed them any money, I believe this relates to interest and charges which they 'fabricated' when i closed my account.