Court forms received

[charlie41dimmock]

Hi, am new to this so be gentle with me. Received today a 'judgement for claimant ' form., from a northampton county court. Looking at it its from a catalogue, la redoute, which I thought I had paid up thru an dept company, not sure of name, and have no records of payment except unless I contact my bank for statements showing the standing orders. Anyway, now they want £89.85 for dept and interest to date of judgement and a further £92.00 costs, totalling £181.85.

 

This forms on its own with a girobank attachment at the bottom,

 

so 1/ is this a real form, or is it a try on?

 

2/ what do I do next.

 

3/ do I assume this has already gone to court, received no letters before and moved 6 months ago, assuming old house tenants gave them this new address.

 

4/ Also letter in my previous name, ?

 

help please, thanks karen

[powelll]

1) It sounds like a real form if it is titled judgement for claimant. In the bottom lefthand corner there should be N30 (3). This is the court number for this type of form.

 

2) What does the judgement say? e.g is it asking you for immediate payment ( forthwith judgement )? This would be likely if you didn't have the original claim form to respond to.

 

There are applications you can still make to court at this time but this will relaly depend if you intend to try to defend the original claim ( so application for a set aside ). Or if you feel that you don't want to go the route of disputing the claim & getting the info you can apply for a redetermination of the judgement ie ask to pay in instalments. Really depends what route you want to go down.

 

3) This is the CCJ which has been issued against you; by thye sounds of it the claim form will have gone to your old address. As long as the forms were posted to your last known address then they are deemed to have been served.

 

4) Surname or first name?

[charlie41dimmock]

1) It sounds like a real form if it is titled judgement for claimant. In the bottom lefthand corner there should be N30 (3). This is the court number for this type of form.

 

2) What does the judgement say? e.g is it asking you for immediate payment ( forthwith judgement )? This would be likely if you didn't have the original claim form to respond to.

 

There are applications you can still make to court at this time but this will relaly depend if you intend to try to defend the original claim ( so application for a set aside ). Or if you feel that you don't want to go the route of disputing the claim & getting the info you can apply for a redetermination of the judgement ie ask to pay in instalments. Really depends what route you want to go down.

 

3) This is the CCJ which has been issued against you; by thye sounds of it the claim form will have gone to your old address. As long as the forms were posted to your last known address then they are deemed to have been served.

 

4) Surname or first name?

 

Hi again,

 

1/ the bottom left hand corner no says N30 (CCBC)

2/the form says pay by instalments of £37.00 per month first payment by 6 june 2007.

4/ surname wrong a previous name given which I no longer use.

 

How do I go about getting the payment details of what I've paid? Think I shreaded some documents as I thought they were not needed.

thanks karen

[powelll]

OK - it is a court form ( sorry my mistake with the bracketed bit :o ) and they haven't got a forthwith judgement which is good. If the name is the name they would have had on theor records for you then it's not worth using this as a route to contest it.

 

I would do a CCA request to La Redoute ( the letter is on here somewhere but I'm really crap at posting links and stuff, sorry! ). Under Consumer Credit Act 1974 you have the right to a copy of the original credit agreement you signed and a breakdown of your account ie what have you paid.

 

If you feel that you would have had a good chance of succeeding if you had received the original court claim form ( ie you could have defended, or partly defended the claim ) you can apply to the court for a set aside. This puts the CCJ back to the claim stage giving you the chance to respond ( e.g. defend ). This will depend on the info you get from La Redoute I would assume.

 

You do need to be aware that if you are looking to defend a claim and you lose you will incur further costs and I would recommend you get proper legal advice ( someone on here will probably be able to help but I've only got a basic knowledge on defences ). In the meantime I would pay what the court has asked if you can afford to as if you default on this the creditor has the option of applying for enforcement action ( e.g. bailiffs, attachment of earnings ) against you.

 

Hope this isn't too depressing...

[charlie41dimmock]

Hi thanks for your comments powelll, will do as you advise, thanks karen

[harrythehawk]

Definately CCA La Redoute, they don't have any, I am still waiting for mine and so far the best they have come up with is a blank one with a computer print out.

[charlie41dimmock]

Update- have received today 30 may in reply to my cca letter saying 'thanks for your £10, this will reduce your dept to £171.85, you are in arrears by £10, and must be cleared immediately'.

 

So no reply to my CCA, and I have to the 6 june to pay my first payment of £37, so how can I be in the arrears!

 

What action next folks, want to say something on the line of 'you plonker that was for my cca details which you failed to do, you are supposed to have a B A in law, can't you read' in a posh way tho. Help,

 

thanks karen

[harrythehawk]

It is a deliberate tactic, either that or they are very very silly careless people as they have done the same to me and countless others !! Write to them pointing out their error and insist it is used for the purpose you sent it, ie a fee for them to provide the information you requested and not as a payment on the account. Then leave it at that but don't stop counting the 40 days from the S.A.R - (Subject Access Request), this doesn't stop because they have done this, stick to your time limit, they are just trying to put you off !!

[Belaflat]

Just a quick question re the judgement form, when judgement is made, who would forward this form to you.

Would it be sent by the Courts or would the Courts send the papers to the creditor for them to send on.

 

I am asking because some papers were sent to an old address for me which appeared to be a County Court summons but nothing was received from them afterwards. I didnt see them, was just told they were all returned "Not at this address" by estranged partner.

[charlie41dimmock]

Thanks harrythehawk, will send them a letter just don't know how to word it, any ideas?

Also when the 40 days are up for the SAR request what happens then?

thanks karen

[powelll]

Just a quick question re the judgement form, when judgement is made, who would forward this form to you.

Would it be sent by the Courts or would the Courts send the papers to the creditor for them to send on.

 

I am asking because some papers were sent to an old address for me which appeared to be a County Court summons but nothing was received from them afterwards. I didnt see them, was just told they were all returned "Not at this address" by estranged partner.

 

The Judgement for Claimant is sent by the court. You would ususally get a claim form before any kind of hearing date. The papers are deemed to have been served if they have been sent to your last known address.

[charlie41dimmock]

Update- sending letter saying the £10 fee was for SAR info, took it off dept in error please review this, look forward to your reply, blah blah

 

the SAR 40 days are up on 23 june 2007

karen