We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
Setting aside a CCJ
sammy115
Posts: 15,267 Forumite
wonder if anyone can cast any pearls of wisdom over this....
SIL had an accident in a car and was uninsured at the time (let this be a lesson to anyone out there who drives uninsured). I am not condoning this sort of behaviour I am just trying to advise her. She admitted liability and had to pay the Motor Insurers board nearly £5,000. She has been paying this regularly since 2005 in installments.
She received a letter in July stating a judgement had been entered against her for the amount of £5,358. She rang them as she had never received any court documents. I advised her to apply to have the judgement set aside on that basis. She has a court date for next week. They have sent details of the defence. In this defence it has become apparent that they have actually issued court documents in 2005.
They originally issued court proceedings for recovery of this money via the court in 2005. No defence was ever filed by my SIL . They state that a payment plan was subsequently agreed and I assuming at this point they did not then request a judgement be entered.
As she missed a couple of payments this year they said they sent her a letter (she never received this) dated 9th July asking that the arrears be paid or they would apply to have a judgement entered against her. Unaware of this letter she received a judgement dated 17th July (6 working days later) when she subsequently rang them and they reinstated her payments.
Their argument is that the judgement has been obtained correctly and I guess they are technically correct. However, they are intimidating her by telling her that the judgement will be held against her until it is paid off in full (incorrect), and saying they will add a further £600 in costs if she continues with the action. They have also added interest on to the judgement back to 2005 and she now owes £6,594.
Do we continue or do we let them win....
SIL had an accident in a car and was uninsured at the time (let this be a lesson to anyone out there who drives uninsured). I am not condoning this sort of behaviour I am just trying to advise her. She admitted liability and had to pay the Motor Insurers board nearly £5,000. She has been paying this regularly since 2005 in installments.
She received a letter in July stating a judgement had been entered against her for the amount of £5,358. She rang them as she had never received any court documents. I advised her to apply to have the judgement set aside on that basis. She has a court date for next week. They have sent details of the defence. In this defence it has become apparent that they have actually issued court documents in 2005.
They originally issued court proceedings for recovery of this money via the court in 2005. No defence was ever filed by my SIL . They state that a payment plan was subsequently agreed and I assuming at this point they did not then request a judgement be entered.
As she missed a couple of payments this year they said they sent her a letter (she never received this) dated 9th July asking that the arrears be paid or they would apply to have a judgement entered against her. Unaware of this letter she received a judgement dated 17th July (6 working days later) when she subsequently rang them and they reinstated her payments.
Their argument is that the judgement has been obtained correctly and I guess they are technically correct. However, they are intimidating her by telling her that the judgement will be held against her until it is paid off in full (incorrect), and saying they will add a further £600 in costs if she continues with the action. They have also added interest on to the judgement back to 2005 and she now owes £6,594.
Do we continue or do we let them win....
Quality is doing something right when no one is looking - Henry Ford
0
Comments
-
*runs back*
sorry I can be of no help:heartpulsOnce a Flylady, always a Flylady:heartpuls0 -
:rotfl: :rotfl: :rotfl: :rotfl: :rotfl:Quality is doing something right when no one is looking - Henry Ford
0 -
runs back as well behind Jinks..............
(sorry Sammy)
"Stay Wonky":D
:j:jBecome Mrs Pepe 9 October 2012 :j:j0 -
No idea Sammy, but how lovely of you to support your SIL though this. I'm sure she's learnt a lesson and after all we all make mistakes. I hope it gets sorted for her.:A
:A"Everyone is a genius. But if you judge a fish on its ability to climb a tree, it will live its whole life believing that it is stupid" - Albert Einstein0 -
Oh well, a problem shared is a problem halved as they say....At least I haven't been blasted out of MSE for having a slack alice SIL....she knows she was in the wrong:oQuality is doing something right when no one is looking - Henry Ford
0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354K Banking & Borrowing
- 254.3K Reduce Debt & Boost Income
- 455.3K Spending & Discounts
- 247K Work, Benefits & Business
- 603.6K Mortgages, Homes & Bills
- 178.3K Life & Family
- 261.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.7K Read-Only Boards