Mistake in Jugement for Claimant

ElvisPresleysCat

Hi

Not sure this is the right area for this query so please forgive me.

I have received a judgement for claimaint ordering me to pay £198.07 plus costs of £120 -- a total of £318.07 -- by installments of £525.26. There is no instruction on how many installments so I'd have to assume it was one installment of £525.26.

This is obviously an error by the court; I'm aware that I can appeal this due to their mistake but am I legally entitled to apply to have the amount written off due to their mistake?

Here's hoping!

Thanks
Adam

dtaylor84

Of course not - how would that be fair to the other party?

pompeyfaith

Just sent a copy of Judgement with a letter to the court manager asking them to explain the error and what the real installment was.

No need for another hearing if it was just a clerical error.

Kyresa

Judgment has been ordered - and just because they said only one instalment that does not mean that because you think there should be instalments there will be a "writing off" There is also likely no "mistake" "error" or whatever in the fact that there is only one instalment! (I recognise the fact that the numbers are wrong and that will need to be corrected!)

The Judge is under no obligation to order instalments at all - in fact, the Creditor may have asked for no instalments as they want to get their money quick (for example) and if they put a good enough case then the Judge may have agreed.

Did you ask for instalments when you returned the claim form? Did you state why you needed instalments, did you fill out the I&E?

chattychappy

Kyresa wrote: »

Judgment has been ordered - there is no "writing off" There is also likely no "mistake" "error" or whatever!

Of course there was.. did you do the maths? The instalment figure is greater than the total amount due...

Courts make mistakes on paper work all the time..

GuidoT

If you do not pay the judgement debt in full within 28 days the sum will be registered as a debt against you for 6 years and essentially trash your credit rating.

If you can pay it I suggest you do.

If you pay by instalments over several months then the debt will be still be recorded against you but marked as satisfied.

Kyresa

chattychappy wrote: »

Of course there was.. did you do the maths? The instalment figure is greater than the total amount due...

Courts make mistakes on paper work all the time..

My apologies I was refering to the INSTALMENTS part of the post, and although I made it clear in the rest of the post, I omitted to in the opening line. I will now edit it to make it clear.

(I also recognise that although there was some focus on instalments in the OP, the amount should definitely be challenged!)

opinions4u

I think lenders should be automatically entitled to double the balance outstanding if their customer posts a "can it be written off" message on the Internet.