County court letter

[Minimoos]

Ok, new subject for me.

 

My husband has had an Travis Perkins Trade accont for a business that isnt doing very well.

 

He has sent them a expenditure and lose application explaining the situation of financial hardship at the moment.

 

I have jiust found out that in May there had been a letter sent fro Northampton court (my husband has just mentioned ) and his morning i have received a Judgment for Claimant letter (in default) for Northampton Court asking for the full amount.

 

Can anyone shed some light on what this is and what my options are as i havent got a clue what to do.

 

Leanne

[lilly white]

well not my neck of the woods.

 

however if oh can defend will need to get it set aside.

 

regards lilly white

[Minimoos]

still non wiser thanks for post. bump

[Minimoos]

bump

[lilly white]

WELL HAVE LOOK HERE

 

County Court Claims and County Court Judgments (CCJs) : Directgov - Money, tax and benefits

[surfaceagentx20]

Mini,

 

A claim for money was issued out of the county court, wasn't defended and therefore, resulted in the court awarding judgment to the creditor.

 

Notice of the judgment is what arrived this morning. It explains that the amount mentioned in the judgment is now payable. It may not say this but the present posiion is that if the debt is not paid the creditor will be able to enforce payment.

 

What to do?

 

If there's a defence to the claim, the thing to do is to apply to the court to set aside the judgment. That is achieved by completing an application notice in which you explain the legal nauture of the defence (goods defective or whatever) and the reason why the claim was not answered in the first place. If you believe you have a defence, explain what that defence is and we can look at it in more detail and give you further guidance.

 

If as I suspect you do not have a defence (for otherwise there would have been no reason to explain the failure to pay by reference to your income and expenditure etc) then the thing to do is apply to the court to vary the order for the payment of the debt at once in to one which enables you to pay by affordable instalments. If this alternative is more to your liking say so and we can give more guidance about the procedure to gain an instalment order.

 

x20

[lilly white]

thanks x20

 

the best regards lilly white

[Minimoos]

thanks x 2o and lilly white, Definately need more guidance to pay n instalments do i call the court ?

 

regards

 

leanne

[surfaceagentx20]

Mini,

 

Calling the court up on the 'phone is no good. You need to make a formal written application.

 

Have a look at Form N245. It's the form of application you would need to deliver to the court and contains all the information you would need to supply in your application. There will be a court fee though. You could call the court to find out how much that would be.

 

Any queries on compleitng the form, let us know.

 

x20

[Minimoos]

ok ill fill this out today, and send it

 

Thank you x20