Recieved letter from County Court Business Centre

rizla_king

rizla_king wrote: »

probably, but I would pop over to this forum and ask to be sure http://www.legalbeagles.info/forums/forumdisplay.php?f=105 defending such claims is what they specialise in

as above....

National_Debtline

Hi deesea


Am bumping this as I missed your update on 28th Jan (sorry) and it would be useful to know how things have progressed. This advice is rather "after the event", I appreciate, but it is not uncommon for creditors to claim that payments have been made preventing a debt becoming statute barred, but without actually providing concrete evidence to back that up. When a Limitations Act argument is made, the onus is on the creditor to prove you wrong. Their request that you withdraw your defence may in fact be a calculated bluff.


Dennis
@natdebtline

Jdw1955

I received a letter and forms from these people regarding a recovery of a dept from over nine years ago, I returned to them the form claiming under the limitations act 1980. Two weeks later i received another letter from them that interest charges and court costs have been added to the dept and that was because i had not reply to them. As i had taken copies of this form i resent it again, today i get a letter stating that i had run out of the time permitted and a judgment has been awarded against me. It also states that i can ask this to be removed buy means of a "N244 Application Notice" with a cost of £255 fee i must pay.

Does this judgment mean that they can go ahead with this dept, if so how can they as it is clearly comes under the 1980 act as no payments have been payed or claimed.

Many thanks for any help

sourcrates

Jdw1955 wrote: »

I received a letter and forms from these people regarding a recovery of a debt from over nine years ago, I returned to them the form claiming under the limitations act 1980. Two weeks later i received another letter from them that interest charges and court costs have been added to the debt and that was because i had not reply to them. As i had taken copies of this form i resent it again, today i get a letter stating that i had run out of the time permitted and a judgment has been awarded against me. It also states that i can ask this to be removed buy means of a "N244 Application Notice" with a cost of £255 fee i must pay.

Does this judgment mean that they can go ahead with this debt, if so how can they as it is clearly comes under the 1980 act as no payments have been payed or claimed.

Many thanks for any help

Hi,

Did you return the claim form in the post ?

I`m assuming you did, and they never received it, and because of this a judgement has been awarded against you.

Who is the creditor please ? name and shame.

I have heard of creditors performing these tricks before, especially with statute barred debts, I would contact National Debtline just to confirm your next course of action, but it looks like an N244 may be your only option now.

Jdw1955

Hi Sourcrates,

Many thanks for your reply yes i did send the form by post well within the time frame given.

"Hoist Portfolio Holdings 2 Ltd" are the claimant involved based in Jersey.

Yes thank you i will contact National Debtline over this as you have suggested,as for the judgment does this mean i am still liable to pay it or for them to take goods to cover the amount owed as i am unsure on if this matter has been heard or still to be heard.

Many thanks

sourcrates

Jdw1955 wrote: »

Hi Sourcrates,

Many thanks for your reply yes i did send the form by post well within the time frame given.

"Hoist Portfolio Holdings 2 Ltd" are the claimant involved based in Jersey.

Yes thank you i will contact National Debtline over this as you have suggested,as for the judgment does this mean i am still liable to pay it or for them to take goods to cover the amount owed as i am unsure on if this matter has been heard or still to be heard.

Many thanks

"Judgement in default" means a CCJ has been awarded against you yes, they say on the basis they did not receive your claim form back within the specified time frame.

Unfortunately when this happens, for whatever reason, the court acts as though the claim has been ignored by the debtor and gives judgement in the creditors favor.

Confirm with ND but yes, i think you will be liable.

fermi

Who did you send the defence to? It should have gone to the court.

Jdw1955

Yes i sent the first form to the court and also the copy to the same,

seems like they can ignore the first reply but yet suddenly receive the second after the time limit. I have been in touch with ND who were very helpful, will have to see what happens with the N244.

Many thanks

YG2017

Hi I need a bit of advice urgently regarding an unpaid private parking fine,basically story is this. a few months ago I went to visit a friend in potters bar and then we went to eat at local restaurant, without paying much attention I drove into this small car park thinking it was the restaurant parking,however, a couple of weeks later i received a letter through the post demanding £100 for parking without permit. i wasn't aware and tbh i didn't pay attention to the signs as it was 6:30 in evening, most car parks are free at that time normally. they sent many letters but i just kept ignoring them all and binned the letters, today i have received a letter from County Court Business Centre which consists of "Particulars of Claim", "Schedule of information" and letter.please let me know what steps i should take, i am aware that i have to acknowledge the letter but do i have any chance of defending this in court or is it simply matter of paying up stupid thugs (Civil Enforcement Limited)!

I can send you actual documents if required to fully assess. thanks

PS;I am a laws biding citizen and it was an honest mistake but don't want these thugs take my hard earn money.

YG2017

total money they are asking for is £327.91. that's a lot for 20 minutes parking.