default judgment letter - didnt get court papers - help ?

[Bandy72]

Hello,

 

I am not entirely new to the CAG forum, but forgot my old login, today I had a horrible surprise, and I hope someone might offer some assistance as to what the best practice would be to go forward.

 

 

This morning I opened a letter that said a company has obtained a judgment against me and require payment of £1300

 

I did not receive a letter from any courts regarding the companies claim, but it seems they have me in a rather unhappy position.

I am supposed to pay by the 29th of this month, this was for a bill that was £50.

 

Had I been informed of court action, of course I would have made a defense.

 

I have spent many years recovering from debt and this year I have just started to get my credit file back into the green, waiting 6 years for an old debt to go away, so very sad.

[dx100uk]

what was you old username please

 

 

and have you moved since you took the credit out

if so and you didn't tell your creditors

then they are quite at liberty to file to an old address.

 

 

dx

[Bandy72]

Hello dx100. I cant remember I am afraid, its not important - I was not a massive poster or anything.

 

But no I have not moved house for many years,

 

 

should the courts have issued me papers and at least given me a change to defend the claim?

 

Can I set it aside with a letter to the courts without spending £255 which is frankly ridiculous

[dx100uk]

if you've not moved since you took this credit out

then yes that's the 1st stage for a set aside

the 2nd being a valid defence

 

unless the claimant agrees

or you are on certain benefits sadly it will cost £255

 

can you tell use about the debt please

name names.

 

 

dx

[Bandy72]

ok,

 

It was actually not for credit - this is a training bond that a bus company I trained with said was due to pay.

 

I was very poorly and had worked for them twice, I suffered from depression and was on medication, I tried and failed to get my working hours reduced and was really forced into leaving as I was unable to work the normal working week due to illness.

 

When I was at my lowest point my final pay packet was half of what I expected, as they removed £150 from my wages for what I thought was the rest of the training bond.

 

some weeks later they sent me a letter chasing the £50 they said was remaining, and I explained the situation that I did not want to leave the company and that I had been asked to resign to undertake another job within the company anyway, a few months passed and the £50 was being chased by a shakespeare martinue company, I explained the situation to them and 2 months passed without any correspondence.

 

until I got an email from them stating the company still felt that the £50 was due so pay up.

I replied I refute the companies version of the events and hadn't heard anything up until today when I open a letter that says we have obtained judgment against you so please pay by the 29th of july, the bill is now £1300

 

which is a bit odd as they didnt not mention court action at the last correspondence on the 4th july.

 

I feel I have been sucker punched.

[Sidewinder]

£1300 is ridiculous and I daresay it would have had so many fees and charges added that they never could have succeeded with a defended claim

[Bandy72]

£1300 is ridiculous and I daresay it would have had so many fees and charges added that they never could have succeeded with a defended claim

 

I'm just so distraught after spending years with a damaged credit score, we had turned a corner this year only to have this happen.

 

Pay the bill bill in 6 days, or risk a judges discretion. Either way is terrible.

 

I can't believe our justice system can allow this to happen to people without court documents ever appearing to the defendent.

[dx100uk]

phone the court tell them you didn't get any paperwork.

 

 

ask for a copy of the CCJ.

 

 

see what they say

 

 

dx

[Bandy72]

Do you think there is any possibility that I can avoid the n224 form and it's fee ?

 

Have there been any circumstances where a well written letter can get the judgment set aside so I can then speak to the company.

 

I'm sure the fact that a bill was £50 then it's £1300 would look rather extortionate to a sensible judge surely ?

[dx100uk]

if the claimant agrees by consent I think it is.

[Bandy72]

if the claimant agrees by consent I think it is.

 

Thanks. I'll see what the situation is on Monday.

[dx100uk]

Ring the court first

Ask for a copy of the ccj

Ask the claimants name

And the address the claim was served too

 

If it turns out who you think it was and the address is correct

Then ring the claimant and ask if they would agree to set aside by consent

 

they might agree to do it themselves = Free to you

if you agree a repayment?

[Bandy72]

Thanks, a few days on I have sought legal advice, submitted the n244, paid the £255!

instructed the other party, and asked if they would consent, however they did not reply so I was forced to go ahead anyway given the time frame.

[dx100uk]

what were the details of the debt?

[Bandy72]

I don't have any further details, just that the papers were filed to an address I have never lived at, and I have no links to.

[dx100uk]

did you not request a copy of the CCJ from northants?

[Bandy72]

I have not done so no, I have a single page "judgment for claimant" that shows the amount I am alleged to owe, with little detail on it other than my name.

 

Its rather ironic when I have called the courts and given the case number, and my name and address they immediately ask whats your previous address for security reasons.

 

Because they have an address on file (where the papers were served) which has absolutely nothing to do with me! I have lived at the same address for 15 years, so someone has made a mistake!

I spoke to the trust registry who told me the address the papers were served to...

 

if I had not got the information from the trust, then I would fail the security check when dealing with the courts!

[dx100uk]

urmm.. sounds like fraud or identity theft to me here too.

[Bandy72]

well, I contacted the company who are a large bonafide organisation, no apologies, no explanation as to how a £48 bill has become £1300, just that they are seeking instruction from the claimant on my request to set aside the default.

 

I have heard nothing for two days, and I submitted the n244 as advised by solicitor regardless, but I offered them the opportunity to consent.

[dx100uk]

Well name names

[Bandy72]

Well name names

 

I thought I did. It's shakespeare martinue and national express.