J109 help with Set aside /Judgement by default.

[j109]

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

[legalpickle]

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

 

Nope. The cover letter should be a simple letter to the court saying something like;

 

Dear Sirs,

 

Please find attached my Application to Set Aside Judgment in relation to clam number .... [bold the claim number - some court staff are dumb, it's got to stand out to them] together with supporting evidence.

 

This matter is of utmost urgency to me, therefore I would much appreciate if you could deal with this as soon as physically possible.

 

Sincerely,

 

Mrs. Jai.

 

 

 

The receipt or confirmation of payment, for satisfying the Judgment should also be attached.

 

Feel free to e-mail me a copy of the full form and cover letter with all the personal information to give it a final proof.

[j109]

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

[legalpickle]

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

 

Recorded or Special??? I specifically told you to send it Special. Did you???

[j109]

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.

[j109]

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

[legalpickle]

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.

 

"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." should be changed, as you've already paid it.

 

You should add that since you have been made aware of the debt you have paid it.

 

Replace the above with;

 

"In conclusion, the Applicant requests from the court to Set Aside the Judgment, so that it be duly erased from the Applicant's credit record so as not to cause the Applicant any further damages in the future and that the Defendant be liable for the Applicant's costs in this Application due to their negligence in not serving the Claim Form and Particulars of Claim on the Applicant."

 

You may need to add more when we know where the letter has gone to. I specifically told you to send it by special delivery as recorded delivery goes missing more often than I can count!

[j109]

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

[legalpickle]

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

 

Well, for not following my instructions, it has gone missing as most things do when sent recorded with Royal Mail. As the Respondent has most likely not received it due to Royal Mail's incompetence you have not done your best to mitigate your losses - it is your obligation to do so, and I would advise you to send it again - and make sure to send it by special delivery, not recorded delivery.

 

Recorded is not a guaranteed service. It goes through the usual postal system and if it arrives, it is signed for, if the postie is not too lazy. Special delivery is a guaranteed service.

 

Now, I would recommend you resend the letter, making sure it is sent by special delivery [the grey slips, all tracking codes begin 'ZV' and end 'GB' as opposed to recorded delivery which are the red slips that begin 'DW'] and put off the Application by a week.

[j109]

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

[j109]

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

[legalpickle]

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

 

Great. No need to send the letter again thankfully.

 

Does it have a fax number? Do you have a fax machine?

 

If yes, it would be simple to fax them a short letter insisting that they respond by return confirming by when the landlord will respond.

 

Alternatively - but second best - call them and ask them. If they can't give you an exact time then make it clear this is damaging your credit record every day that it is there, and therefore you are only giving them another 7 days.

 

I wouldn't accept more than another 14 days if they insist on more, explaining that it is damaging your credit record, and you need it removed forthwith.

 

Keep a log of all telephone calls with the numbers called, dates, times, length of call, who you spoke to, their positions, and what was covered.

[j109]

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

[j109]

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

[legalpickle]

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

 

Hi Jai,

 

Sorry for the delay in responding. I have been very busy over the past few days.

 

What you need is this;

1. The letter must be addressed from and signed by the Claimant.

2. The letter should state [this is a very rough draft]:

 

The Court Manager,

... County Court,

...

 

Dear Sirs,

 

Re: Claim No.: ...

Landlord vs. Mrs. Jai

 

I write as with regards to the above matter.

 

The Judgment in Default in the above claim granted in default on ... was settled by the Defendant within a month of the Defendant being made aware of the Judgment.

 

I would therefore request that the Judgment be erased from the records with Registry Trust Limited and hence with the 3 credit reference agencies so as not to further affect the Defendant's credit record.

 

I confirm that I have sent a copy of this letter to the Defendant.

 

Sincerely,

 

 

Landlord

 

 

 

 

2 copies should be provided. 1 should be sent direct to the court by the landlord [get the fax number from Her Majesty's Courts Service - Home for the court and give the fax number to them for it to be faxed] and the other to you. A week after receiving it and having their confirmation that it has been sent to the court, call the court to check into it's status.

[j109]

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

[legalpickle]

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

 

If you want me to proof it with the personal info inside to make sure no errors are made you can e-mail it to me before it's fired off to the court.

[postggj]

hi legalpickle

 

just a pointer

 

i had a ccj set asside

i contacted the finance company and they said they would not object

i know that goes a long way with the judge

 

under the circumstances allready said, would that be an option to get the best chance of set asside

[legalpickle]

hi legalpickle

 

just a pointer

 

i had a ccj set asside

i contacted the finance company and they said they would not object

i know that goes a long way with the judge

 

under the circumstances allready said, would that be an option to get the best chance of set asside

 

postggj: There is no need to make an Application to Set Aside Judgment if it was paid within a month [or a month of receipt of such notification] and the only intent is to remove it from the Defendant's credit record. If it was paid within a month of the Judgment being granted, it must be removed automatically, as opposed to being marked as 'Satisfied' if paid beyond that date.

 

Jai didn't know about the existence of the Judgment till beyond a month after it was granted, but paid it within a month of knowing about it.

 

Therefore, there is no need for an Application, if the Claimant agrees to have it removed.

 

I don't know what your situation was, but what you propose is irrelevant. If the other side agree to have it removed - as it was paid within a month of Jai knowing about it - there is no need for an Application and if they don't - which they haven't said - then there is need for an Application, but that isn't what you wrote about.

 

Please read the full thread before giving "pointers" so as not to waste your time or that of others!

[postggj]

legal pickle

 

i accept what you are saying

 

the point i am making to people who view this thread is try deplomacy first when trying to get a judgement set asside

 

some times it works with out legal action

 

it spares any hostility on both sides

[legalpickle]

legal pickle

 

i accept what you are saying

 

the point i am making to people who view this thread is try deplomacy first when trying to get a judgement set asside

 

some times it works with out legal action

 

it spares any hostility on both sides

 

Why should one be diplomatic to somebody who's got a judgment against them? You are exaggerating. There is already the hostility that a Judgment has been awarded.

 

One should always be firm with losing their cool first, but "diplomatic" or "polite" is taking it too far. You owe them nothing. At the end of the day, if it is due to the Claimant's muckup that the Judgment was granted, then costs will be granted against the Claimant, the Defendant [Judgment Debtor] only needs to prove that the Defendant had a chance to mitigate their losses.

 

And if you look through the thread you will see that what I have recommended Jai to do echoes the recommendations of yours that I have "toned up" above. So what exactly are you trying to do here?

[pt2537]

So what exactly are you trying to do here?

Well, hes probably doing what everyone else wants to do on this forum and help. furthermore Postggj is fully entitled to make a post if he feels it will help,

 

i think you need to consider that fact before posting;)

[j109]

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

[j109]

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

[legalpickle]

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

 

Let me get this straight! You have a son who is illegally filling in defence forms on your behalf and stupidly paying court fees for 3 claims?

 

Jai. If you don't take advice at the right times and discipline those involved, making sure they pay for the hassle they are causing you then it will be impossible to help you.

 

Also, if the reason the Judgment was given was due to your son not advising you of the claim form being received, and not that they didn't send one to you, then you have no case for the Judgment to be removed!

 

Advice and help here is given freely and out of the generosity of people on this forum. When somebody doesn't tell the whole situation it results that the advice that was given is likely to be incorrect, and thus the time of the people who gave the advice was wasted.

 

The amount of times more information, that was relevant and could have been told at the start or close to it, in your case, is now at two. That two times too many.

 

I am not prepared and can't give assistance where the person receiving that assistance gives half the story. I am not prepared to waste my time on this matter any further.

 

To me what it seems like has happened is that your son has dealt with these issues hiding them from you, and the landlord has sent the claim forms to you. This means that you have absolutely no reason that the court should remove the judgment from your record, and providing it's marked as satisfied, you're lucky.

 

Your son has been incompetent and negligent by not discussing everything with you and frankly it's his fault that both of you have been walked over by the landlord.

 

As written in my PM to you [which was written after you PM'd me with this bombshell], the landlord is under an obligation to mitigate his losses and therefore should not have issued 3 claims! But so is your son. He could have proceeded to trial in 2 of the 3 claims and defended against the court fees as failing to mitigate their losses - and in my opinion would have won on that issue.

 

Furthermore, the issue as to whether they sent you a letter in advance may now be coloured grey! In my opinion it is more than believable that they did and your son took it and didn't show it to you!

 

Frankly, nobody but yourself is to blame for all this mess. I suggest that if you want help on this issue you go to Citizens Advice Bureau and ask for their assistance after giving them the whole story.

 

In future if you want help on these forums and any others, I recommend that you tell the WHOLE story from the START, otherwise you may likely end up frustrating others like you have done to me now.

 

I have a life outside of this forum and my own issues, but despite that have spent a lot of time trying to help you on this forum with your issues that it turns out are entirely your fault and undeserving of such assistance. I am insulted that you basically took me - and anybody else who tried to help - for a ride!

 

I'm washing my hands of this issue.