county court judgement hearing missed!

jodenice

i haven't got that form with me - i guess i must have done. i was just fumbling my way through it.

so the case managment conference was the actual court hearing?

I'm completely lost, i've never done this before and next time i will just tell him to admit it and take the CCJ!!

penguin83

Yes unfortunately the case will have been dealt with in your absence.

How would you like to proceed now? As 10past6 says you can make an app to set aside if you feel that you have a good chance of winning with your defence. Be aware though that you may end up with more costs if your app is not successful and the claimant has to attend (although claimants usually try to attend by way of letter to keep costs down at app hearings). If you accept the judgment you can make an app to vary the judgment ie pay by instalments if you would prefer.

PS excuse the spelling mistakes - I've had a drink tonight! x x

jodenice

ah dont mind the spelling, thanks for replying.

i'm not sure about the chance of winning, i know they can't find the original loan document but they have a copy. it was just the fact that he was paying them for months and months and that just wasn't good enough for them, I convinced him to fight it. I don't think he'll be thanking me though as i appear to have made a mess of it.

If i do the thingy where he tries to change the amounts, will they take into account his dmp and wages do you think? he really hasn't got any spare money, it all goes into the DMP, I honestly feel like crying i really do. will they be able to get a charging order on our house? And will my partner actually have to go to court to talk about his money, god, he's going to hate me.

boo hoo

penguin83

Jo - please dont worry its not your fault, the court system can be very confusing and I am sure he wont blame you.

10past6 is the best to advise you if the defence would stand up as Im not sure whether a copy is good enough.

If you wanted to pay by instalments this is the form to use there is a £35.00 fee and if the creditor agrees to the amount then there is no court hearing. If they do not accept then there will be a short (10 mins) court hearing for a judge to determine the outcome.

They will be able to apply for a charging order if the judgment is payable forthwith or in full by a certain date and the date has passed but currently if an instalment order is made they cannot apply for one unless you default on the payments unless they make an application to the court to vary the judgment again so that it is payable forthwith. Confusing I know! x

jodenice

So the form - judgement order - that we got today - is that all we get? or will there be more coming? it just says that we owe the cash and to pay!

So if i were to do this form accepting judgment and sorting out payments you think do it as quick as possible? Its true though isn't it, i may as well have admitted it at the beginning (or told him to!) and done all of this then.

i'm going to get a drink, my head is done in.

jodenice

Also - re that form, can i just attach his CCCS budget sheet that they worked out for him? rather than filling everything in twice!

penguin83

Enjoy your drink! First check out if your defence is valid as you may still have a chance of successfully defending it - Im not knowledgable in that but someone else will be able to guide you on that.

The order will be all you get for now unless the creditor decides to proceed with enforcement. If you do decide to make an application to pay by instalments then do it as soon as you decide you want to as that will prevent the creditor enforcing the judgment until the application is decided. x x

10past6

I need to clarify a few points with you,

This

jodenice wrote: »

3rd December i submitted the defence online

Does not make sense with this

jodenice wrote: »

On the 26th Jan(so they asked for stay before they actually saw the copy of the defense i sent them.

If you submitted an online defence to the court, the court has an obligaton to forward a copy of that defence to the claimant, therefore, the claimant WAS aware of your defence prior to requesting a stay.

jodenice

Oh i didn't know if they saw the actual defence - the wording was that they 'acknowledged receipt of my defence'.

but then, as penguin said, i must have asked for a months stay as well eh?

Seriously, you'd never believe I work in intelligence. *rolls eyes*

10past6

jodenice wrote: »

Its true though isn't it, i may as well have admitted it at the beginning

No!

Any creditor has a right to commence litigation against a customer if they've breached the T&Cs of the agreement, BUT, the creditor has a duty to ensure they've complied with legislation when instigating litigation.

YOU as a defendant, also have a right to ensure the creditor has complied with that legislation.