J109 help with Set aside /Judgement by default.

[j109]

That's fine,

 

In my previous post I did mention that we received the judgment due to not paying £66.16 out of £675.00, as I mentioned before I had no knowledgeof this as my son took it upon himself to pay this debt therefore not informing me, I just paid it because I wanted to get out his contract of being his guarantor, I don't really mind not recouping the money I just want this judgment off.

 

Thanks Leagalpickle you have given me alot of your time, I'll wait for your response when you're free.

 

Thanks

Jai

[legalpickle]

That's fine,

 

In my previous post I did mention that we received the judgment due to not paying £66.16 out of £675.00, as I mentioned before I had no knowledgeof this as my son took it upon himself to pay this debt therefore not informing me, I just paid it because I wanted to get out his contract of being his guarantor, I don't really mind not recouping the money I just want this judgment off.

 

Thanks Leagalpickle you have given me alot of your time, I'll wait for your response when you're free.

 

Thanks

Jai

 

 

I didn't notice it then. This is even more confusing now.

 

How much did you pay at any time? i.e. how much - if any - prior to any judgment for whatever reason, and how much after the judgment.

 

Your wording to me is unclear, and I am now understanding from it that you had paid them most of it, then found a judgment on your record for the rest - less than £70 - which I fail to understand. Why didn't you make sure your son paid the £70 to be done with it? Or why didn't you do it - after he had already not paid the bulk - and have everything over?

 

I'm playing devils advocate here. It's not a clear case of not receiving the claim form. My guess is that this is why the other side - if you've asked - have refused to remove the judgment, because they know it ain't a piece of cake.

[j109]

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

[j109]

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

 

thanks

Jai

[legalpickle]

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

 

thanks

Jai

 

 

Jai,

 

Unfortunately I have several businesses to run, physiotherapy & exercises and a lot of other things on. I have had an extremely busy day and a half. With the credit crunch hitting hard, I am feeling the pinch and need to work harder.

 

I will do my best to post some time tomorrow, but if somebody else has the time sooner, I won't be complaining.

 

I would much rather not having any worries and being able to sit assisting people on forums all day every day, but unfortunately I can't.

 

If you haven't already, it would be appreciated if you clicked on the scales and leave me positive feedback in the bottom left hand corner of the side box of my post - the box with my username and details.

 

Sorry,

legal

Edited August 14, 2008 by legalpickle
typo

[MARTIN3030]

Thread moved to legal section.With all due respect the Welcome forums are specifically for Welcomes and introductions.I think after 30 posts its time to move this to somewhere more appropriate.Thank you for your understanding.

[Isiris]

..

Edited August 14, 2008 by Isiris
wrong thread

[j109]

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

 

Jai

[j109]

Bump

[legalpickle]

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

 

Jai,

 

Sorry I have been extremely busy over the past couple of days with a lot on, and a lot planned over the next week. I will do my best to help, but there may be delays between my posts. I am Orthodox Jewish so I won't be making any posts from Friday afternoon till Saturday night due to Sabbath, and unlikely to be any on Friday afternoon due to a hospital appointment.

 

Ok, so basically the wording must be completely changed. I am assuming that your son did not receive a court claim for the £66.16? If this is the case then they have a lot to answer for! Also, your judgment would have been for more than what he owed as there would have most likely been court fees and interest on top of it. So;

- How much was outstanding after your son had paid the first amount?

- How much was judgment awarded against you for, after the small amount overdue?

- Did they issue proceedings against him for the £66.16? Basically the terms of a guarantor agreement are that they must pursue the debtor first. If they did not write him further letters once he paid the main amount, for the £66.16 then they were in breach of the agreement. Also if he wrote them a cover letter or a 'with compliments slip' saying something like 'Please find the attached £..... in full and final settlement of your claim.' then their cashing that cheque could have warranted the closure of the whole case. This would take a lot longer to advise on as is a potential claim, and in order to deal with it, would need to know all the details of the matter. I would therefore suggest that on the latter matter, you go to CAB or a legal help centre for help, as the only way you'll be able to deal with it here is if others also contribute their help and as previously agreed in another forum, solely depending on forum help is not advised as most of us are not legally qualified. Whilst I have quite a bit of legal experience I am as of yet not legally qualified, I therefore alone would be loathe to advise you on the matter of issuing a claim against them, but if I was in the same position, I would definitely issue such a claim.

 

However as such a claim would be different to this matter, I shall proceed to try and help you on the issue of this application.

 

Before I proceed on to the Application however, I would recommend writing a letter to the creditor detailing what happened offering them the option within 7 days to ask the court to remove your judgment on the basis that it was based on a misunderstanding and has since been paid within a month of your finding out about the judgment by receiving a copy of your credit record. If they don't you will make an Application on Notice to do so, demanding that they be liable for your costs in such.

 

You are obliged to try and mitigate your losses. If you do not do so, you are likely to encounter troubles. Draft that letter and post it here and I will do my best to refine it, as soon as possible. Then send it special delivery to them and keep a copy and all receipts. Only make this Application after the 7 days have expired.

Now back to the Application; We basically need to revise the statement in the last section before the Statement of Truth, to say something like [and this is a very rough version done at 11pm when I'm completely knackered, so will need some refining];

 

The Applicant did not receive the Claim form or any other documents relating to the Claim to which this Application relates. The Claim relates to a guarantor agreement of the Applicant for his son's defaulted rent. His son had received a claim form, which he thought he paid, but it later transpired that he had not paid interest which he did not think he had to pay. The Respondent subsequently issued this Claim against the Applicant which the Applicant did not receive. The Applicant subsequently checked his credit record and found a Judgment for the amount of £.... which he duly paid, explaining the situation to the Respondent, giving them the option of requesting that the Judgment be removed from the records with the court office [thus Registry Trust Limited and the 3 Credit Reference Agencies]. They refused to do so which has left the Applicant no option but to make this Application in order to prevent this Judgment from causing him further damage.

The Applicant seeks costs in this Application due to the Respondent's negligence in not making him aware of the Claim in sufficient time to make sure the Judgment would not affect his credit records and further their refusal to have the Judgment removed from the Applicant's credit records after the payment.

The Applicant seeks to remove this Judgment from his record on the above grounds forthwith.

 

That's a rough draft, so please fill in the space and do your best to improve it and post an amended version here which I will subsequently look at.

 

I should say that this is no longer an emergency, because you must mitigate your losses and send the Claimant a letter. Assuming that can be sent on Monday 18th by special delivery, they won't get it till the 19th, that means you can only submit the Application the day after a week later which is 27th - meaning we have more than a week to refine it. The letter however is very important.

 

Good Luck,

legal

[j109]

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

[legalpickle]

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

 

 

The Claimant can write to the court and say the Judgment was issued on a misunderstanding and has been paid [not satisfied] essentially within a month of any "notice" [i.e. finding out from your credit record], thus should be removed completely. The court is then obliged to do so. Make sure you verify the court has done so, and send a copy of the confirmation to the three credit reference agencies together with a cover letter with the references of your reports.

 

Thus, if they refuse, you should be entitled to costs in your Application without much problem.

 

You have some 'homework' to deal with before further work from me, detailed in my last post. I will try and respond as soon as I can after you post those drafts.

[j109]

Thanks Legal,

 

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

 

Thank you & good night....

 

 

Jai

[legalpickle]

Thanks Legal,

 

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

 

Thank you & good night....

 

 

Jai

 

Try and do it by Sunday so that I can review it Sunday afternoon for you.

 

Good night

[j109]

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

[j109]

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.

[legalpickle]

 

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.

 

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.

 

Secondly, they have no liabilities to you for holding on to your son's deposit. Most likely they would have offset the deposit from the arrears, and most likely your son would have received a statement together with his court action, but this does not matter to your case. Even if they have not offset the deposit and held on to it unlawfully, you cannot raise a claim for it, only your son can. So this bears no relevance to the matters at hand.

 

Dear Sirs,

 

Re: [claimant] vs. [Jai - your name] in [court name] County Court with the Claim No.: [claim no.]

 

I recently found out when checking my credit record that you had obtained a Judgment against me for the sum of .... Apparently this was for the arrears that were unpaid by my son [name] for the rent on [property address] in [year].

 

My son had paid all the arrears he believed he had owed and had not received further letters from you. Instead you issued a claim against me without sending me the claim form - which I would have defended, and thus requested Judgment in Default, and did not send me a copy of the Notice of Judgment either making it impossible for the matter to be rectified within the month after Judgment.

 

The debt has since been cleared.

 

The end result is that I have a Judgment on my credit record that should not have been there which is causing me damages. The first option to rectify this issue is that you write to [court name] County Court, sending a copy to me at: [enter address]; advising the court office that the Judgment was obtained in error and has therefore been paid within a month of the Defendant being notified of the Judgment, thus should be removed forthwith from Registry Trust Limited and the Defendant's credit file.

 

The second option is that I apply for the Judgment to be Set Aside, in which case I will seek costs in such from yourselves. The first option is obviously preferable to all involved.

 

If you are to accept the first option, I demand that this is dealt with within 7 days from the date of receipt of this letter or I will be forced to proceed through option 2, which I trust will not be necessary.

 

I look forward to hearing from you.

 

Sincerely,

 

Mr. Jai...

 

As stated previously, send it by special delivery, keeping a copy and check they receive it online with Royal Mail's track and trace facility at http://www.royalmail.com.

 

Good Luck,

legal

[j109]

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

[legalpickle]

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

 

 

The deposit issue.

[j109]

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

[legalpickle]

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

 

If they have really taken the deposit without offsetting it against the arrears then your son would have a claim against them, but that is for him to work out.

 

Work on the N244 Friday/Saturday if you haven't heard anything and Sunday/Monday [bank holiday] I'll try and help. Then you can send the Application a week on Wednesday [7 days + 1] if you haven't received anything. They don't get any extensions for bank holiday!

[j109]

Thanks Legal,

 

Will do.

 

Mrs Jai

[legalpickle]

Thanks Legal,

 

Will do.

 

Mrs Jai

 

Have you heard from them yet, Jai?

 

If not, I think it's about time we started preparing that N244 of yours.

 

Before we do, go to http://www.royalmail.com and enter the tracking code [for special delivery should begin with 'ZV' and end in 'GB'] to check when they received it, and print off - to attach to the N244 - the signature, not the end of the world if you can't get it [they don't have it online for every depot or postie - not everybody is modern enough yet!] confirmation of receipt will do.

 

If you have, what was their response?

[j109]

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

[legalpickle]

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

 

All cheques to the court service are made payable to 'HMCS'.

 

If you want to post the information from each field up here [please don't post the PDF, it get's annoying going back and forth], to go through it one last time, then no problemo.

 

As written previously, N244 with cheque get's sent with cover letter to relevant court on Wednesday which is 7 days plus 1 after they received the letter. Don't trust the post with such important matters - you probably know what Royal Snail is like - send it by special delivery as well.

 

Whilst advice and checking the bulk is done in the forum, if you want me to check the personal details are put in correctly, I can do that by PM/e-mail as it's confidential and understandably you don't want to post that on the thread for all to see.

 

If you work on it tonight/tomorrow morning, I should have some time tomorrow afternoon, if nothing too crazy happens in my life over the next 14 hours!