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Brian Carter help needed please


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Hi there, you can ask the court to consider small payments that you can aqfford. You need to fill in an N245 form (I have affixed one) and take it to the court. There is normally a fee of £35.00 but if you are on small income or benefits then there is no fee. The court staff will advise you - they're usually very good.

n245_0204.pdf

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Hello again.

I haven't used Kays for at least 3 years.

 

I have the form (thank you anyway) and will fill in my income and outgoings and see what the court says.

 

Will let you know how it goes.

 

Thank you all again.

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  • 3 months later...
I got a letter saying we have issued proceedings in respect of this debt and have obtained judgment against you and the next step is to instruct the county court bailiff to call on you.

 

As soon as the papaers from the court arrive, I'll post what they say.

 

IANAL, but AFAIK no court would issue a default/summary judgment against a defendant until the defendant's time to reply with a defence has lapsed. So unless you actually had a letter from the court with a notice of proceedings against you and you ignored it, I would look up the Criminal Attempts Act 1981 and the Fraud Act 2006 and go to a local police station...

Edited by BuzzMan
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IANAL, but AFAIK no court would issue a default/summary judgment against a defendant until the defendant's time to reply with a defence has lapsed. So unless you actually had a letter from the court with a notice of proceedings against you and you ignored it, I would look up the Criminal Attempts Act 1981 and the Fraud Act 2006 and go to a local police station...

what if it was sent to an old address !!!.

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If the claimant (not BC) knew of your new address and issued proceedings against you at the old address, then I would argue that that judgment is not against you but against the person who just happen to have the same name as you but living at the old address... Technically speaking you cannot be expected to defend a proceedings you have no knowledge of... and the chances are that BC didn't follow pre-action conduct protocol, so you can argue that the court should sanction the claimant by not awarding BC's fees againsts you, but that's a different matter. All the usual IANAL, etc disclaimers apply!

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