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Help!! County Court Judgement

2

Comments

  • peatling
    peatling Posts: 49 Forumite
    MrsTine wrote: »
    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 :)

    You can't defend a judgement. It has been made in his absence and now he has a CCJ against his name.
  • peatling
    peatling Posts: 49 Forumite
    Freddie_Snowbits wrote: »
    In England, you do not get Justice, you get an inerpretation of the law. Ignorance is not an excuse

    Ignorance? :confused:
  • 10past6
    10past6 Posts: 4,962 Forumite
    Peekay32 wrote: »
    your son needs to urgently send the court a completed N244 requesting that the Judgment is set aside.
    It costs £75.00 to request a set aside.

    There is NO guarantee that the application will be successful

    Only spend the £75.00 if you're over 75% certain of a win ;)
    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
    MrsTine wrote: »
    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 :)

    You're assuming my son is in the wrong. I can assure you he isn't and I would have helped him defend himself IF he had had a chance to do so. That is my point. How can you defend an action when you're not aware of it?
  • 10past6
    10past6 Posts: 4,962 Forumite
    peatling wrote: »
    You can't defend a judgement
    You can defend a judgement, it's known as having it set aside, if the application is successful, the the CCJ is dismissed as no debt exists
    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
  • fatbelly
    fatbelly Posts: 23,256 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Peekay is correct - he can apply to have it set aside

    There's a factsheet here.

    However, that just means the creditor will go through the process again.

    So if he has no defence, he might as well apply to vary - see this factsheet.

    I assume it's a 'forthwith' judgement.
  • peatling
    peatling Posts: 49 Forumite
    10past6 wrote: »
    It costs £75.00 to request a set aside.

    There is NO guarantee that the application will be successful

    Only spend the £75.00 if you're over 75% certain of a win ;)

    So I have to pay to question a judgement against me in a case I knew nothing about?
  • peatling
    peatling Posts: 49 Forumite
    fatbelly wrote: »

    I assume it's a 'forthwith' judgement.

    Thanks for the info. I will read it shortly. It is.
  • 10past6
    10past6 Posts: 4,962 Forumite
    peatling wrote: »
    How can you defend an action when you're not aware of it?
    If your son was able to defend the original claim, then he completes an N244 form cost £75.00

    On the form he requests the original judgement be set aside because he was not informed of the original claim and had he have been, he would have defended the original claim based on XXXX
    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
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    set aside... that was the term I meant.... did tell you my brain was mush! (Sorry family issues and brain struggling to fire on all cylinders at the moment! :) )
    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
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