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rob1825

i dont understand the judgement for claimant (default)

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Hi i am wondering if some one might be able to help me figure out what i should do.

 

We had suspicions that the company who deals with our service charges had failed to amend our billing details. Details were sent by E mail on 31 Aug 2009 and was copied to the company who we pay the ground rent to. They managed to comply with our request to change our details.

 

The service charge company we have found out recently have not amended them and instead sent the last bill to our old address. I called the company to see why we had not received a bill recently, the woman on the phone went a bit strange, said someone else would call me, i asked if there was something wrong she said no.

 

We did not get a call back that day or the next so we sent a cheque to the MD straight away with a letter saying here is two grand for the service charges, we have not received a bill if more is needed please let us know and we will send the balance.

 

Got a letter back about a week later from a financial guy in the company informing us that they have accepted our cheque but our account is currently held in `breach` and we need to be aware that proceedings in default of a response from us were issued and a judgement obtained.

 

he directed us to their solicitor and since then we have managed to obtain the claim form and the judgement for claiment default form(s) one each.

 

They are dated 19 October 2009

 

we knew nothing of this because they sent all the stuff to our old address and we advised them of our new address on 31 Aug 2009 and we have a copy of the email.

 

I have talked to a solicitor but to be honest i think it was a waste of good money! then i talked to the national debt hotline. today i spoke to a woman at the court and she said that i need to get a N244 form and apply for judgement to be cancelled as we have paid the money, though we did not pay it within the month from date of judgement. actually we paid it before we even realised we had been taken to court!

 

She said we could first write the the service charge company and ask the claimant to consent to agree for the judgement to being cancelled. she said they would have to agree in writing and post it to us so we could then send it to the court (with what i dont know do i have to fill in a form?)

 

Im thinking we will have to fill in a n244 form and apply for judgement to be cancelled.

 

im getting very stressed and confused about the whole thing as i cant seem to get a difinitive answer to what i shuld do and is a cancellation of judgement the same as a set aside?

 

the lady at the court said we cant set it aside as we have paid the money now and instead we have to have it cancelled.

 

do you think a copy of an email requesting this company to amend our records in August is good enough to get this sorted out?

 

will we have to attend court?

 

if the judgement is cancelled how do we then go aboiut getting our money back that they have added to our service charge for legal fees and court costs and on top of that our own expenses, hour with a solicitor, registered post costs, taking time off work to see soilictor.

 

hey thanks fro reading my ramblings, im at my wits end just not knowing exactly what to do. I have down loaded the n244 forms but not sure what i put in them. any help would really be appreciated

 

thank you

 

Rob

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I would say the first thing you have to do is apply for a set aside of the judgement. Fill out the forms this weekend and take them in on Monday with the £75

 

Then I would write to the company tell them you are setting aside and will counterclaim and do they want to settle it amicablely

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