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

Help!! County Court Judgement

peatling
peatling Posts: 49 Forumite
in Debt-free wannabe
My son is away travelling in Australia and, given the current economic climate, may well not return!

I am opening his post and today he has received a County Court judgement against him. I have just phoned the Court and told them that I never received a claim form so how could a judgement be made against him. She replied that all forms go out 1st class post. When I pointed out that that doesn't mean we received it, she wasn't interested. She has told me to send it back saying "No longer at this address."

Anyway, my point is how on earth can my son have a county court judgement against him when he's not even in the country? Also, why aren't claim forms sent out recorded delivery?
«13

Comments

  • 10past6
    10past6 Posts: 4,962 Forumite
    peatling wrote: »
    Anyway, my point is how on earth can my son have a county court judgement against him when he's not even in the country?
    A claim form would have been sent, where it landed up who knows.

    If the defendant does not acknowledge the claim, or the claimant refuses any offer made, the claimant wins by default.

    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • peatling
    peatling Posts: 49 Forumite
    10past6 wrote: »
    A claim form would have been sent, where it landed up who knows.

    If the defendant does not acknowledge the claim, or the claimant refuses any offer made, the claimant wins by default.


    Is that fair? Is that justice? :confused:
  • 10past6
    10past6 Posts: 4,962 Forumite
    peatling wrote: »
    Is that fair? Is that justice? :confused:
    No, but it's the way the system works I'm afraid.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • SuzySu
    SuzySu Posts: 3,478 Forumite
    Surely they have to prove they sent the letter? They would certainly require proof if it were the other way around.
    YOUR = belonging to you (your coat); YOU'RE = you are (I hope you're ok)

    really....it's not hard to understand :T
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    He can defend the judgement - but that would depend on him getting back... I'm not sure he can defend it through someone if he's in Australia?
    I think he has 2 or 4 weeks to defend it/dispute it. Sorry my brain is mush tonight but I'm sure someone will be along with teh legal jargon and links in a sec :)
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • Freddie_Snowbits
    Freddie_Snowbits Posts: 4,328 Forumite
    peatling wrote: »
    Is that fair? Is that justice? :confused:
    In England, you do not get Justice, you get an inerpretation of the law. Ignorance is not an excuse
  • 10past6
    10past6 Posts: 4,962 Forumite
    SuzySu wrote: »
    Surely they have to prove they sent the letter?
    No they don't.

    It's been known for some creditors to "Accidentally" :rolleyes: ;) put the wrong house number a court claim in order to gain judgement.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • SuzySu
    SuzySu Posts: 3,478 Forumite
    Unbelievable!! That's competely outrageous.
    YOUR = belonging to you (your coat); YOU'RE = you are (I hope you're ok)

    really....it's not hard to understand :T
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    It is really... but on the other hand I guess the argument could be that it's the debtors fault for defaulting on the debt in the first place... :) Not saying 2 wrongs make a right! Just playing devils advocat a bit here :)
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • Peekay32
    Peekay32 Posts: 115 Forumite
    If I recall correctly (i.e. don't rely on this post without it being backed up), your son needs to urgently send the court a completed N244 requesting that the Judgment is set aside.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354K Banking & Borrowing
  • 254.3K Reduce Debt & Boost Income
  • 455.2K Spending & Discounts
  • 247K Work, Benefits & Business
  • 603.6K Mortgages, Homes & Bills
  • 178.3K Life & Family
  • 261.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.
Update Your Picture