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mkb

Court sent my paperwork to opposing solicitors - please help

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Long story cut short:

 

End April, after being refused legal aid and not having the confidence to fight my case, withdrew my defence by sending form N9A to court with offer of payment by monthly instalments.

 

Nothing heard until yesterday when my partner, not me, receives an Interim Charging Order in the post from solicitors!

 

Rang the court and got some chap in Enforcement Section who tells me that it appears that the correspondence has been sent in my name but to the opposing solicitors!!! :mad::mad::mad:

 

He advised I fax the court with the following statement:

 

I have received no correspondence from xxxxxxxxxxxxxx County Court since I withdrew my defence on xx/04/2010.

 

I have no solicitor therefore all papers need to be served upon me at my home address.

 

Because I have had no correspondence from the Court, I have now been put in a position I would not have been, had I had the opportunity to apply for a variation order.

 

I request that you deal with this matter urgently so as not to prejudice me further. I enclose copies of my original withdrawal letter plus the N9A that accompanied it.

 

I rang the court again today to be told by the same chap that the file and fax was with the court manager to look at and decide what needs to be done but that they cannot give advice.

 

Obviously I feel that I have been compromised through the court office negligence and that, potentially, my home is at risk.

 

The hearing to finalise the CO is early August. The deadline for re-determination is long gone (because I was not informed of the CCJ).

 

Any help and advice is appreciated to rectify this "situation" (did have another word there but thought I'd be cagbotted :p )

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Think this would have to be referred to the judge by the Court manager, to decide on what should be done. They will probably decide to go back to the point in the process where you were, after submitting offer of payment. Perhaps the court will have to arrange a hearing to look at the options for payment, obviously allowing you time to take advice.


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Think this would have to be referred to the judge by the Court manager, to decide on what should be done. They will probably decide to go back to the point in the process where you were, after submitting offer of payment. Perhaps the court will have to arrange a hearing to look at the options for payment, obviously allowing you time to take advice.

 

Thanks for the speedy reply :)

 

Would there be a cost implication to consider for me if a hearing was deemed necessary? I assume the other side will want their costs paid for the CO applications etc.

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Speak to the court manager about this. They are the ones that must explain the process. You really can't be expected to pay fees, if they are connected to any mistake made by the court.

 

Wait for the court manager to contact you.


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Court manager called today - waste of time that was :mad:

 

Am I right in thinking that as there is a forthwith order in place plus the interim CO, I cannot apply for variation order on N245?

As I admitted the claim, I dont think an app to set-aside is appropriate either?

 

I STILL have had nothing from their solicitors about the CO - only 1 letter to my partner :confused:

 

Feels like I'm being well & truly shafted here :mad:

 

Any advice would be very welcome.

Edited by mkb

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It appears that the DJ/clerk rejected your instalment proposal and granted a forthwith judgment.

 

The problem is that you were not served with a copy of the judgment and now C/O proceedings have started.

 

I would make an application to court for redetermination of the judgment under CPR 14.13 and enclose your I&E again and explain in the application that you were not served with a copy of the CCJ hence why the redeterminatiin request is outside of the 14 day time limit.

 

 

I don't undersatnd why you think the court has been negligent in sending the admission to the Claimant's solicitors, in fact YOU should have done that yourself and not sent it to the court. The solicitors will then either accept or reject your offer and request judgment. Read the forms nect time before accusing the court of wrongdoing...

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I don't undersatnd why you think the court has been negligent in sending the admission to the Claimant's solicitors, in fact YOU should have done that yourself and not sent it to the court. The solicitors will then either accept or reject your offer and request judgment. Read the forms nect time before accusing the court of wrongdoing...

 

I sent both the court and the claimant a copy of my withdrawal along with a copy of the N9A. The Court did not send my admission to the solicitor - they sent them MY copy of the judgment hence why I knew nothing about it!!

 

 

Can you explain why it would be better to ask for re-determination outside of the 14 day period as opposed to a set-aside application - I am very confused as to which path would serve me best and would appreciate knowing the reasons for taking this course of action instead of the other. :???:

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I sent both the court and the claimant a copy of my withdrawal along with a copy of the N9A. The Court did not send my admission to the solicitor - they sent them MY copy of the judgment hence why I knew nothing about it!!

 

 

Can you explain why it would be better to ask for re-determination outside of the 14 day period as opposed to a set-aside application - I am very confused as to which path would serve me best and would appreciate knowing the reasons for taking this course of action instead of the other. :???:

 

 

 

Ah I see.

 

What would your reasons for setting aside the CCJ be? You admitted the debt and offered instalments?

 

If the CCJ is re-determined to say £10.00 per month you could argue, amongst other things, at the FCO hearing that you were never served with a copy of the judgment and so had no opportunity to apply for redertermination. Not sure if it would work but throuw everything you can at it!

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This is where I come unstuck :eek:

 

Yes, I admitted and sent offer of payment so set-aside seems inappropriate

yet I have to convince a judge that I never got the order so could not ask for variation within the 14 day time period :(

 

In the meantime, I have had no copy of interim order (only my partner it seems is deemed worthy of that even tho the debt is mine alone :mad:) and we have to raise objections at least 10 days prior to FCO hearing, a total of 13 days to arrange.

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