Update on Court Today

dexters_mum_2

My friend and I attended court this afternoon to ask for her CCJ to be set aside.

The Judge asn't very pleasant and told her she should have read the paperwork sent to her by the other side, unfortunately she hasn't received anything from them....The judge then said she couldn't rule on the matter as she claimed not to have received anything, making it plainly obvious she did not believe my friend.

The judge wouldn't look at her supporting evidence and instead told her to forward it to the other side and that the court was adjourned until 19th Dec.

I was really annoyed by this woman's attitude, she did not seem to give two hoots about my friend or the evidence she had to supoprt her set aside.

Now my friend is feeling really low, she's contemplating paying the debt just to not to have to go through any thing else, she has regsitered on MSE this morning through my PC and she hopefully will post later.

I don't know how to help her any more with this, I just have this feeling that when it goes back to court she will ruled against going on what the judge said today 'the other said have a somewhat watertight case and appears to be fully supported by adequate evidence'

Any help, comments advice will be appreciated...I'm thinking of lending her the money but I don't believe she should have to pay it, is there any recourse once she has paid it from her point of view?

sgx.saint

Sorry to hear that. I can't be much help as I have'nt been through this process, yet!

Going off on a tangent a bit .... what was it like in the court? ... Were there many other people in their, members of the public etc? ...

I never knew what to expect from a CCJ hearing. I was'nt sure if the public were allowed to attend etc.

immoral_angeluk

Sounds like she got a rubbish judge! Sorry she didn't have much luck. Hopefully she'll get on better at the next hearing.

dexters_mum_2

Well the other side didn't turn up, they had sent a letter saying they wouldn't be attending Cath was supposed to have had this but she hasn't....

It is just like a conference room, everything is tape recorded and the judge sat behind a table and she had a security officer at one side.

As I was assisting Cath, I was allowed in as a representative but other members of the public wouldn't be allowed.

steve700

On a similar note, I've recently been to court twice as a 3rd party was disputing the amount she should pay to repair my car after ramming it from behind.

The 1st was in Southampton Court as my Insurance Company are from there, although both the 3rd party and I are from Swindon.

That judge didn't want to decide anything so just referred it to Swindon Court.

At Swindon Court, the 'doddery' old geezer calling himself a judge didn't really understand the case and even though the girls's father was contradicting his sworn statement, they were allowed a 'discount' for being 'basically honest'.

What's all that about?

If people wish to be a judge, they should at least appear interested!

Good luck to your friend.

Steve

dexters_mum_2

What annoys me is that Cath isn't particularly legal literate and I worry that i she is sent something, it would be technical enough to scare her into paying or agreeing to something, I haven't had any debt problems but Cath and my husband have and I have seen some of the nasty letters solicitors/DCA's write and I know if I was in a pickle it would scare me.

rog2

I'm really sorry to read of your friend's bad experience - let's try to draw something positive from it.
Firstly, she now has a bit of time to prepare for the 19th. I suggest that she asks CAB for a list of those local solicitors that give a free 30 minute consultation, then she can benefit from some genuine legal advice.
Secondly, the other party did not turn up - they obviously thought that they were in for an easy ride and will not be happy with the adjournment. Hopefully you will get a more sympathetic hearing on the 19th.
Good luck.

dexters_mum_2

We're off to see the CAB on Thursday and I am looking through Yellow Pages for a free 1 hour or similar with a solictitor now...Just hoping that we can get something done in time....
I'd hate to be in that position, the judge could see she as shaking,tearful and afraid and she really tore strips from her.
I can honestly say I have no faith in the county court judgement system!

fatbelly

dexters_mum wrote:

The Judge asn't very pleasant and told her she should have read the paperwork sent to her by the other side, unfortunately she hasn't received anything from them....The judge then said she couldn't rule on the matter as she claimed not to have received anything, making it plainly obvious she did not believe my friend.

The judge wouldn't look at her supporting evidence and instead told her to forward it to the other side and that the court was adjourned until 19th Dec.

1. The judge clearly did believe that your friend hadn't received the paperwork - which is why she adjourned.

2. The judge was not going to listen to your friend's case when she was not in a position to make judgement (see point 1). It will probably be a different judge next time.

Your friend needs to look at the other side's paperwork to see if they can justify that a valid debt exists. If it does (and it appears from the judge's comment that it does), then there's little point going for set aside. She might just as well ask for a variation of the order to pay in instalments - using a court form N245. That would be preferable to you lending her the money to pay in one lump sum and leaving her with a debt to you!

dexters_mum_2

Fatbelly
Thank you for your advice
She has paperwork from the Company (The OU) to say her agreement was cancelled, I posted about this last night so you may still be able to find it on this forum with the circumstances...though with the amount of activity here it might be a few pages back.
I (personally) don't think she should really have to pay in installments when she has paperwork to say the agreement was cancelled over a year ago, this is why she is going for set aside because she firmly believes that if she has a letter stating she cancelled the agreement and OU actioned it, then there shouldn't really be anything outstanding to pay.
The reason for termination of the agreement was because OU failed to send her course materials despite requests and promises so she terminated the agreement, in writing and got confirmation of that.
DM

whatatwit

I know it didn't go as you had hoped, but at least now you have a bit of a breathing space to try and get some more advice.

Is it worth you 'applying' to the OU just as your friend did, and seeing what the terms and conditions are. I know that on her student account, the OU noted that she had cancelled, but this may not mean that they agreed with it....You could be a mystery shopper.