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Judgement for Claimant (in default)
kattynel123
Posts: 32 Forumite
My partner received a letter today... a Judgement for Claimant letter, demanding over £500 to be paid in full. It threatens bailiffs.
My partner suffers depression and I expect has ignored previous letters (and hidden them from me). He always buries his head in the sand with these sorts of things... So I don't know what has been received prior to this letter...
I own my house, my partner just lives here. The debt in question is not mine. I am extremely worried about this letter. I don't understand it fully and have googled it and can't work out if if is legitimate, or how final it is... does anybody know if there is still a chance a regular monthly payment can be set up, or is it beyond that?
Thanks in advance
My partner suffers depression and I expect has ignored previous letters (and hidden them from me). He always buries his head in the sand with these sorts of things... So I don't know what has been received prior to this letter...
I own my house, my partner just lives here. The debt in question is not mine. I am extremely worried about this letter. I don't understand it fully and have googled it and can't work out if if is legitimate, or how final it is... does anybody know if there is still a chance a regular monthly payment can be set up, or is it beyond that?
Thanks in advance
0
Comments
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I'd start by getting details from the court, which will at least tell your partner who is wanting the money. There is a very good chance of working out some arrangement. There are lots of threads on here discussing what bailiffs can't do.
Good luck.0 -
Thanks Geoff1963 I appreciate your help. I guess I'll try ringing them directly and ask to come to some sort of arrangement.0
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They will probably only deal with your partner, so he'll have to give them some sort of authority ; although firms should be able to explain their procedure in general terms.0
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It's most likely a judgement in default, where the debtor has ignored previous court papers, so didn't acknowledge or defend the case, so full payment has been awarded in respect of the claimant.
He needs to fill in court form N-245 (order to vary a payment) and make an offer to the court he can afford.
He has to do this using the correct procedure, phoning the court is not good enough :
https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-do-owe-the-money-pay-the-judgmentI’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
You can ask for a redetermination within 14 days. Because it's a default judgement it could be turned down, but I find in practice the courts are OK with it.
http://forums.moneysavingexpert.com/showpost.php?p=33633191&postcount=20
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