help with court papers and actions

abbiesmom

I have received papers from Northampton Court relating to an attempt at obtaining a CCJ from a solicitors firm I used in 2010 during my divorce.

I have never received an invoice from the firm and actually believed that the work they carried out for me was covered by legal aid. I have put this in my defence and returned.

What happens next?
Can they obtain a CCJ without ever billing me?

The amount they are claiming is a significant amount that I would not be able to find and includes interest and court fees. Is this going to affect me now for 6 years?

Tixy

Can they obtain a CCJ without ever billing me

I imagine they believe you were invoiced, and sent chasing letters - did they perhaps have an old address for you?

Is this going to affect me now for 6 years?

If they continue with the court claim and if the judge agrees that the money is owed then yes, as you are unable to pay in full in a month, it would go on your credit file for 6 years.

It might be worth contacting the creditor, stating that you were totally unaware of the debt but that if the money is owed that you are willing to come to a payment arrangement if they will stop the court claim.

abbiesmom

Many thanks, I will try and contact the solicitors firm this afternoon.

I have moved since my divorce but had royal mail redirection on for 6 months and in addition the court papers came to the correct address.

I really have had no correspondence from the firm since receiving my decree absolut.

Can I argue the interest charges as I would have already been paying had I known anything about it as I am with other bills that resulted from my divorce.

abbiesmom

Just got off the phone with the solicitors. There was no one available to speak to me but they have taken my details and will ring me back.

I will keep you updated.

abbiesmom

Update

Firm called me back and will cease court action whilst they investigate.

They will send me copies of invoices and I will of course start making payment if the debt does relate to fees not covered by legal aid at the time.

They said they will also look into the interest already added as part of their investigation and if it is found that the outstanding debt is not covered by legal aid then no more interest will be added.

Thankfully a happy result.

I would never have thought of contacting them if I'm honest as I thought when you had court papers that was the end of it and it was in the courts hands.

abbiesmom

Help guys...

Just had a letter from the courts saying it has been transferred to my local court...I thought I had heard the end of it after talking to the solicitors re the debt.

What happens now?

Do I contact them again to see why they are proceeding despite the arrangement agreed verbally? I still have not had copies of any letters they allege to have sent nor a breakdown of the debt.

abbiesmom

Help guys...

Just had a letter from the courts saying it has been transferred to my local court...I thought I had heard the end of it after talking to the solicitors re the debt.

What happens now?

Do I contact them again to see why they are proceeding despite the arrangement agreed verbally? I still have not had copies of any letters they allege to have sent nor a breakdown of the debt.

spacey2012

You turn up at court of course , why are you trusting them ?
You should also have submitted a defence to they have never asked you to pay or sent a correct LBA just issued court papers.
You may be able to add additional defence statements .

If they can not prove the acted correctly in pre-court procedures, the hearing wont take place unless you get a really senile old Judge.

rizla_king

Ask here for help: http://www.legalbeagles.info/forums

You need to rescue this quickly and they can help.

abbiesmom

spacey2012 wrote: »

You turn up at court of course , why are you trusting them ?
You should also have submitted a defence to they have never asked you to pay or sent a correct LBA just issued court papers.
You may be able to add additional defence statements .

If they can not prove the acted correctly in pre-court procedures, the hearing wont take place unless you get a really senile old Judge.

What's an LBA?

spacey2012

Its a actually a Letter Before Court Claim or knows as in old school, letter before action.
It is where the Claimant makes their case and explains why they think you owe the money and lists any documents they intend to rely on, it forms part of the claim and they must serve it 14 days before issuing a claim to give you time to respond and to the same address they serve papers to.
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct
if they have not, you can ask the court to throw the case as you are unable to formulate a defence to a case that has not been made clear to you.
Most will throw the case out if they can not prove a LBCA was correctly served by post.