County Court papers

ManxRed

All in less than 28 days. The time taken between a default judgement and a CCJ being issued.

Rosie's initial post was at the end of June.

We're not in receipt of the full picture here.

Rosie1965

No not a stooge people just a scared, busy mother taking most peoples advice IGNORE IT, DONT RESPOND TO ANYTHING, DONT GIVE THEM A WAY IN WHICH TO IDENTIFY YOU, THEY CANT WIN, THEY'LL GIVE UP, BLAH BLAH BLAH.
Yes I did post in pepiploo, the judgement is :in default", its for 50 pound plus costs ie 157 pound. No I didnt enter a defence, its dated 12th July. No one said that these could win, and it still says send payment etc to solicitors not the court. I'm not used to all these forum things so give us a break, not used to CC papers either so thats why I posted in the first place, and yes it all does seem to have been done quickly, so again I ask is this something to worry about or not.

Trebor16

Rosie1965 wrote: »

No not a stooge people just a scared, busy mother taking most peoples advice IGNORE IT, DONT RESPOND TO ANYTHING, DONT GIVE THEM A WAY IN WHICH TO IDENTIFY YOU, THEY CANT WIN, THEY'LL GIVE UP, BLAH BLAH BLAH.

You were not told to ignore the court papers here in this thread. What were you told to ignore?

Rosie1965 wrote:

Yes I did post in pepiploo, the judgement is :in default", its for 50 pound plus costs ie 157 pound. No I didnt enter a defence, its dated 12th July. No one said that these could win, and it still says send payment etc to solicitors not the court. I'm not used to all these forum things so give us a break, not used to CC papers either so thats why I posted in the first place, and yes it all does seem to have been done quickly, so again I ask is this something to worry about or not.

You need to give us a lot more information for starters than you already have to enable us to assist you.

One last thing, did you post as Rosie1965 in Pepipoo as the profile for that name is showing no posts by that user.

taffy056

Nobody told you to ignore anything on here, and you were given advice to defend the claim to give you another 28 days. You were asked to to post on pepipoo which you said you did, can you provide the link to that thread ? You were asked if this was a geniune claim and you failed to tell if it was or not. We are not telepathic without further information it's impossible to help you.

pie_face_2

The only thing you are told NOT to ignore is court papers!

esmerobbo

OK look Trtethowens have done this before, getting a default judgement.
Looks like Rosie1965 has misread the ignore procedure, and the figure does add up. Trethowens do normally claim the £50 for the charge.

Rosie1965 you have made a mistake you do not ignore a court claim and they will win if you do not defend.

You now have 3 choices you can ask to have it set aside, but as you received the claim and never acknowledged it this could be a problem.

A set aside will cost you £80 and then it will go back to the start, you could win and you could lose, so it could cost you more.

If you don't want this CCJ hanging over you you must pay it before 28 days from the date of judgement, it then will not be registered against you.

Or if a CCJ will not effect you ignore it and hope they don't enforce it (if they do it will cost you even more) or apply to the courts for time to pay.

Aretnap

With moneyclaimonline anyone with £35 to spare can file a claim against anyone else for any reason. Their claim doesn't have to be legally solid and might even be laughed out of court when a judge sees it - but if the recipient doesn't respond in the timescale specified they will win by default regardless of the claims' merits.

AIUI getting the judgement set aside would require you to make a statutory declaration to the effect that you never received the court papers; as you did receive them doing this dishonestly would be a serious criminal offence and we can't suggest that you do that.

That leaves you with the options of paying now, or ignoring it, living with the CCJ (which would make it difficult to get credit for the next 6 years) and hoping that Trethowans don't put too much effort into enforcing it. They would have options including sending bailiffs round, applying for an attachment of earnings order to have the debt deducted from you salary or a third party debt order to take it from you bank account. Enforcing judgements for relatively small amounts of money can sometimes be more trouble than it's worth, especially if the person concerned has little in the way of income or assets, but if they did try any of these things you would end up liable for the costs of them too - which would bump the total up considerably.

It seems that Aintree do pursue quite a lot of cases through the courts and spend a great deal of taxpayer's money in the process but can't be bothered to keep track of how many they actually win.

BASFORDLAD

Sorry Rosie but this is your own fault as you did not read the advice given

WageSlave1_2

You could bring the Aintree Hospital v Perera case to Trethowan's attenion. I don't expect they will have forgotten about it.

See:-

http://forums.pepipoo.com/index.php?showtopic=67017

Say that you are surprised that they/their clients sued you in light of this case (NB and obviously it would be helpful if you could come up with a convincing reason as to why you failed to defend) and ask that they consent to the judgment they've obtained against you being set aside. If they agree it will mean that you need only pay a court fee of £45 as opposed to £80. Indeed you can go further and see if they will consent not only to the judgment being set aside but to their entire claim being withdrawn.

Send them a draft order under cover of your letter. The draft order should read something like this:-

_____________

[DRAFT] ORDER
_____________

Whereas in the case of NHS Aintree Foundation Trust v Perera -Case no. 1UD12840 it was held that the charges sought to be recovered by the Claimants were unenforceable penalties and could not be recovered and the Claimants have not sought to appeal that decision,
IT IS ORDERED By Consent:-

1. The default judgment obtained against the Defendant be set aside.

2. The Claimant's claim is withdrawn

We consent to an Order in the above terms

Signed............... by the Claimants' solicitors Dated ..........

Signed .............. by the Defendant Dated ..........

If they sign up to that then, once it is signed and returned to you, you will need to send a copy off to the court with a cheque for £45 to cover the fee so that the court can make the order to which the parties have consented: until it does you'll still have a CCJ against you.

If they won't sign up to the above then either:-

(a) make an application (on a N244 application form and paying a £80 court fee) to the court seeking such an order [obviously it won't then be by consent and if para 2 is made at all it will say 'struck out' or 'dismissed' rather than 'withdrawn'. Obviously you should come up with at least a halfway convincing explanation about why you did not defend. See CPR Part 13 about the procedure, etc

(b) pay the CCJ - and provide the court with proof that you have done so (or else that CCJ will get registered against you)

(c ) cross your fingers and hope that the claimants won't send the bailiffs round or take other enforcement action (eg applying for an attachment of earnings order so that your employer has to pay the debt by docking money from your wages) and just live with the consequences of the CCJ (which might mean difficulty getting loans or a mortgage). If the claimants do take enforcement action it will add another £100 to the debt, more if they send round the bailiffs and there is nothing worth taking such that they then apply for an AoE order.

Former_MSE_Andrea

Hi

So you don't potentially scare genuine newbies away please reply as though they are genuine and report any suspicions to the Forum Team to investigate.

Thank you

https://forums.moneysavingexpert.com/discussion/3991161