Robinson Way Ltd - Summons Received credit card with Sainsburys

[AndyOrch]

Set it a side on the grounds of not being notified or allowed to object...perhaps write out or post the details of the Order (less any identifiable data).....the devil is in the detail.

 

Regards

 

Andy

[dontletthemgrindyoudown]

thanks, ill try and post the order.

 

but I dont see how a court to which a case has been transferred

 

can make a judgment (ccj) without a hearing,

 

especially one in favour of the claimant when they havent responded to any of my post proceeding correspondence

including the original court's suggestion for mediation.

 

any futher help would be most welcome.

[AndyOrch]

Courts can make judgment without hearing...of their own initiative... hence I need to see the wording of the order.The only legal requirement is to transfer out of Northampton the judgment can then be made under CPR 3:-

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#IDAMLWKC

[dontletthemgrindyoudown]

received 2nd class post today...

 

order dated 21 november 2012

Before District Judge..

.....

uon reading the court file

and upon it appearing to the court that the claim is adequately pleaded for the defendant to understand

and he not denying the debt assigned to the claimant or that valid notice of assignment has been given

and the defence not disclosing any reasonable grounds for defending the claim

 

IT IS ORDERED without a hearing and to the court's initiative that

 

1. The defence is struck out pursuant to rule 3.2 94) of the civil procedure rules 1998.

 

2. judgment is entered for the claimant for ................

 

3. As this order is made without notice ot the parties a party affected by it may apply

within 7 days of service of it for the order to be varied or discharged.

 

dated 15th November 2012.

 

thank you for your help.

[dontletthemgrindyoudown]

also...

letter of 8th November

to all parties

a defence has been filed. if the defendant is an individual the claim has been transferred to the court covering the area where the defendant lives....the case will be referred to a DJ and you will receive directions regarding allocation in approximately 10 working days........

[AndyOrch]

received 2nd class post today...order dated 21 november 2012

Before District Judge.......

uon reading the court file

and upon it appearing to the court that the claim is adequately pleaded for the defendant to understand and he not denying the debt assigned to the claimant or that valid notice of assignment has been given

and the defence not disclosing any reasonable grounds for defending the claim

IT IS ORDERED without a hearing and to the court's initiative that

1. The defence is struck out pursuant to rule 3.2 94) of the civil procedure rules 1998.

2. judgment is entered for the claimant for ................

3. As this order is made without notice ot the parties a party affected by it may apply within 7 days of service of it for the order to be varied or discharged.

dated 15th November 2012.

 

thank you for your help.

 

There is recourse but I see little point if the Court deem your defence insufficient...was this Order from your local CC and not Northampton?

Can you direct me to your defence.Post#no?

 

Regards

 

Andy

[dontletthemgrindyoudown]

Andy, thanks.

 

The defence may be found at post # 17.

 

In addition, I queried the sum claimed as there was a discrepancy, albeit a small amount, between the statements provided.

 

I did NOT defend on the basis of a CCA provided out of time as I was told this was not irrelevant.

 

I tried to contact the solicitors for the claimant, by letter, without reply.

 

I write to the Northampton court on 13th Nov suggesting that as the claimant had not responded to my attempts to make contact,

nor had indicated a willingness to attend mediation, that their claim be struct out.

 

The Northampton courts letter of 8 nov states the matter will be tfrd to my local court and that i would receive directions.

 

Then i receive the judgment!

 

I cannot afford to pay the full sum, which is stated in the order.

 

At the very least can i make an application to the court to hear this matter so that I can agree an affordable monthly payment programme?

 

any help would be much appreciated.

[AndyOrch]

Which Court stamped/issued the Judgment Order?

[dontletthemgrindyoudown]

my local court, not Northampton

[AndyOrch]

Assuming you wish to accept the judgment...and I see little merit in the defence you offered..you could apply to vary the judgment (N245) to an affordable monthly payment.

That's only an assumption unless you can offer further grounds of defence.

 

As initially stated you would not be notified of the decision in your absence " 3. As this order is made without notice to the parties a party affected by it may apply within 7 days of service of it for the order to be varied or discharged.

dated 15th November 2012.

 

Regards

 

Andy

[dontletthemgrindyoudown]

ok,

it looks as though im out of options, and luck.

 

Also I cant afford my employer to see a CCJ against me so

 

can someone tell me if i settle the claim either in full, or at such a figure as the claimant will accept

and advise the court that the claim has been paid in full,

 

will the ccj still appear and

 

if the answer is "no"

 

what should I do,

 

what action should I take, to ensure the CCJ doesnt get registered.

Thank you

[AndyOrch]

If its paid in full by the due date as stated on the Judgment notification it will not appear on the register.Anything less than full payment on time will.

 

Andy