The Bankrupt Inn (Part Three)

rog2

So_Sad_Angel wrote: »

I don`t know??....not really sure whay it is...hang on I`ll go get it!

Normally, you are given 28 days to 'pay' a CCJ, otherwise it will be 'defaulted' and the claimant can then ask the Court to instruct Bailiffs to call.
You can, though, during that 28 days, go back to the Court and ask them if you can make monthly payments towards it.

rog2

So_Sad_Angel wrote: »

Its `Judgement for claimant after determination`form N30(2)....says payment due `forthwith`. The address is the old property though which is empty & not repossessed yet.

What will happen next?

Was the 'Claim' sent to you at the old address? If you did not personally receive the summons, and were unaware of the Court date, therefore unable to 'present a defence' then you can apply to get the judgement 'set aside'.

So_Sad_Angel

I sent them the financial statement & offered a £1(same as paying everyone & have been paying on this loan as well since Aug08)...its Northern Rock & they hold the mortgage too. Can I suggest they charge to property rather than baliffs ?....maybe this is their intention & they are trying to spook me by taking this route?

Has really upset me & I was trying so hard to keep my emotions in check!

Be on my second bottle soon.

blind-as-a-bat_2

rog2 wrote: »

Was the 'Claim' sent to you at the old address? If you did not personally receive the summons, and were unaware of the Court date, therefore unable to 'present a defence' then you can apply to get the judgement 'set aside'.

That would only apply if they did not know SSA new address, if they did and sent it to the old one then it is not properly served, unfortunately sending it by normal post to the known address of the defendant is sufficient to class it as served, but its the oldest trick in the book to send it to an old address, even though they know and have sent letters to the new address :rolleyes:

So_Sad_Angel

rog2 wrote: »

Was the 'Claim' sent to you at the old address? If you did not personally receive the summons, and were unaware of the Court date, therefore unable to 'present a defence' then you can apply to get the judgement 'set aside'.

The `admission` form I completed...don`t remember the address on that...obviously I pick my post up from emply property. The admission form was sent well before the court date & I had subsequent correspondance from Eversheds (solicitors dealing) to clarify some things.

I thought that it would`nt go to court if I offered what I could afford.

rog2

So_Sad_Angel wrote: »

maybe this is their intention & they are trying to spook me by taking this route?

Perhaps it is indeed their intention, SSA. I'm not sure what to reccomend, other than having a word with CAB (try a pm to Debt Doctor). There must be some way to appeal this judgement.

blind-as-a-bat_2

I would apply for a redetermination hearing, if nothing else it ill buy a month or two....or three or four depending how busy your court is

So_Sad_Angel

blind-as-a-bat wrote: »

That would only apply if they did not know SSA new address, if they did and sent it to the old one then it is not properly served, unfortunately sending it by normal post to the known address of the defendant is sufficient to class it as served, but its the oldest trick in the book to send it to an old address, even though they know and have sent letters to the new address :rolleyes:

Yes thanks Bat....thats what they did I think!...they know the old property is Northern Rock mortgage as well.

When things get to this stage am I being foolish trying to delay BR ?

So_Sad_Angel

rog2 wrote: »

Perhaps it is indeed their intention, SSA. I'm not sure what to reccomend, other than having a word with CAB (try a pm to Debt Doctor). There must be some way to appeal this judgement.

Going to pop in to speak to CAB on Monday....I wanted to try & understand it so I can not worry too much over the weekend.

So_Sad_Angel

blind-as-a-bat wrote: »

I would apply for a redetermination hearing, if nothing else it ill buy a month or two....or three or four depending how busy your court is

Would I have to go to that???