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Might have to go Bankrupt because of a claim bought against me :(

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  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Mouse, you have done an excellent job, thoroughly in the op's best interests, unlike Mynameis........... who from what I have seen only offers negativity at best.

    Good luck in the defence of this claim.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • Mouse1812
    Mouse1812 Posts: 630 Forumite
    Thanks for the support DD.

    Oddball was so right Negative Waves
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Mouse1812 wrote: »
    Thanks for the support DD.

    Oddball was so right Negative Waves
    No problem, and a very appropriate link !!

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • shan7-8-6
    shan7-8-6 Posts: 32 Forumite
    Hey all,

    Just thought I'd give you an update on the progress so far, I've handed in my defence (on the deadline that I was given) and I now have two days to "file and serve any witness statement and documentation upon which he intends to rely" by this wednesday. I've done my own witness statement and my associate who was with me on the day has said he'll give me one. Is there anything else which I need to submit? Any documents which were already supplied to the claimant and tie that in since I mentioned them documents in my initial defence?

    Thanks :)
  • shan7-8-6
    shan7-8-6 Posts: 32 Forumite
    edited 28 August 2012 at 1:07PM
    Hey everybody,

    I need some help, basically I was waiting for the court to send me out an "allocated questionnaire" which I had to hand in on the 18th August, this date passed and so I got a N24 form (Standard order for failure to file listing questionnaires) dated on the 20th August 2012 which said I had till the 28th to hand in the listing questionnaire and then I also got a N17 letter (Judgement for claimant (amount to be decided by the court)) at the same time also dated the 20th August 2012. This made no sense to me since I was given till the 28th August to hand in my listing questionnaire before my defence was struck out.

    So after I got these I rang the court up and asked them what was going on, the lady I spoke to said the case files had only just been sent up to the judge that day (the 21st August), she said it must have been a mistake that I was sent the N17 letter since the judge had only just seen what I had submitted so far on that day and that I had till the 28th August to submit my Listing Questionnaire. I handed my Listing Questionnaire in today (28th August) but I'm worried about that N17 I was given because when I asked the lady at the counter at the county court, she was saying it was a judgement!

    If anybody can advise me on what to do I'd really appreciate it.

    Thanks Everybody :)
  • PippaGirl_2
    PippaGirl_2 Posts: 2,218 Forumite
    I've been thinking of you and wondering how the case was doing
    "Our prime purpose in this life is to help others. And if you can't help them, at least don't hurt them." Dalai Lama
  • shan7-8-6
    shan7-8-6 Posts: 32 Forumite
    PippaGirl wrote: »
    I've been thinking of you and wondering how the case was doing

    Thanks, I'm glad somebody was :), Mouse has been helping me with this as well with this.

    I've been running around trying to organise myself for when I go to University in Plymouth in 2-3 weeks and this case is like a big ball and chain stuck to my leg that I can't get rid off.

    And to be honest when it comes to court and they have Barristers, I'll be out of my depths because I don't know the laws and terms they'll most likely use to confuse me. I'm going to try to apply for to http://www.barprobono.org.uk/ for help through my local CAB (this time I'm not going to go from there until I get actual help and not a pat on the back saying good luck and just defend yourself in court and you'll be fine).
  • Mouse1812
    Mouse1812 Posts: 630 Forumite
    Update:

    The case has been put back a few months so no news yet. Just to let you all know I am still in touch with Shan and will not, as promised, walk by.
  • Thank you for this update mouse! Have just found and read all this thread and thought you did an excellent job advising the poor op - outrageous business all round and the court procedures sound appalling too!

    Will be really interested to know the outcome...
  • shan7-8-6
    shan7-8-6 Posts: 32 Forumite
    edited 14 August 2013 at 3:44AM
    Hi everybody,

    Thought I'd finally get round to updating you as to what happened. So basically I went to court earlier this year and both the defendant and his former employer were attempting to negotiate a deal out of court (in the waiting area in the court, in small rooms) before they went in front of the judge. The claimant was offered £45k (the other defendants lawyers asked me before any offers were made to make sure I was not going to chase costs etc since I would not be liable for anything, to which I replied no because I just wanted the headache to be gone) but the claimant declined and said he wanted £50k to which the former employer then declined. So after a lengthy wait we went into the court room and the judge decided that 2.5 days was not enough for the case and that it needed 4 days! So he pushed the court date to April.

    So I booked my tickets home for April (I was still at uni) and when I got home I received a call from the other defendants law firm saying they had reached an agreement with the claimant for the £45k and needed to me sign some paper work and that I would not have to go to court and that I was not liable for anyt costs or anything.

    That was a huge relief for me and I just thought I'd thank Mouse and all the rest of you that helped me through this stressful period.

    Many Thanks :)
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