County Court Action notification

[ianandemma]

Hi

 

Please can someone explain the policy / law that county courts have for providing notification of action surrounding judgements.

 

If a company is making an application to the court must they notify you of their intent? (and does it have to be in a specific way?)

 

If the court agrees to a hearing with a company does the court not automatically send out a notification there are proceedings issued to notify you in advance so you can attend to defend your case before they make a potentially one sided decision?

 

Thanks Ian

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation..-Court-Claims-Defences(1-Viewing)-nbsp

 

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

 

Regards

 

Andy

[Ganymede]

Hi

 

Please can someone explain the policy / law that county courts have for providing notification of action surrounding judgements.

 

If a company is making an application to the court must they notify you of their intent? (and does it have to be in a specific way?)

 

If the court agrees to a hearing with a company does the court not automatically send out a notification there are proceedings issued to notify you in advance so you can attend to defend your case before they make a potentially one sided decision?

 

Thanks Ian

 

 

 

Hi,

 

What are the specifics surrounding your question please?

[ianandemma]

Hi

 

Specifically not wanting to go into it but the CCJ was not paid after more than 10 years, no enforcement action for 8 years, DCA saying they will go to apply for leave of stay on it. OK I acknowledge this as them giving me notice prior to action. My opinion and other they will never get anything out of it.

 

The reason im asking is I cant believe the county court could enter into anything without any prior notification to my home address (from them) like a court summons or at least a letter giving me the opportunity to go and defend the case.

 

If they don't have to send anything what would happen if it were granted in my absence? Would they issue a new CCJ and it enter on the CRA records for another 6 years?

 

Also, Is there a public schedule the county court that I could look at?

 

Thanks

[dpick]

Hi I will leave this for the experts but to my knowledge after a period of 10 years the judge would want to know why the creditor had not been after you to pay and most threads on this subject say the judge would probably tell the creditor to get lost.

 

dpick

[Ganymede]

The creditor will have to apply to the Court to have the stay lifted.

 

The Court will serve you with a copy of the Creditors application. You will then be able to object.