Ex employer/ insurance fail to pay outstanding invoice leaving debt collecting pursuing patient

dmb_moneymatters

Thank you, my concern is if I pay the debt and apply for a set judgment aside am I basically throwing the towel in and accepting that the debt was mine, equally if I go with the set aside with consent am I also accepting liability for the debt and have no chance in the future to bring justice to this matter ?

twhitehousescat

You apply for a set aside the £255 one (tiy may get help of on low income) , this then resets the clock to the situation wehere they have to start court action again , and if , as you say you do not owe it , you contest and fight it 

lf you pay up now , game over , finished , you have accepted claim and your credit record will reflect  satisfied judgement 

the rest is upto you 

waamo

You can't pay it then contest it. It's one of the other. If you don't believe you owe it go for a set aside at £255. Knowingly sending  papers to the wrong address is grounds for a mandatory set aside. The question therefore is was this your last known address or is it a random incorrect address? It sounds like the latter but it's wise to ask.

dmb_moneymatters

Thank you, the papers were sent to a random incorrect address, I also agree the right way forward is to go with the set aside, I am just mindful that bailiffs will start knocking at my door in the next few weeks, increasing the debt and causing more stress.
Question, if I was to complete the application form today and send the DCA a copy would that be suffice to stop further action until the hearing has been heard ?

sourcrates

Debts below £600 can only be enforced by County Court Bailiffs. Judgments for debts of £5,000 and over can only be enforced by an HCEO.

So your only going to get the county court bailliff who in reality is little more intimidating than your old geography teacher at school who wore the patched elbow jacket.

Bailiff action is not set to resume until August 23rd, and they will have a 6 month back-log of cases to deal with, so if your judgement creditor does engage them, all you will get is possibly a phone call, don`t expect an actual visit this side of christmas.

And, as i said previously, should they call, pass them a letter stating your appealing the judgement, and leave it at that, don`t communicate further with them, and keep your door locked.

Hopefully by the time they get around to you, if they do, it will be settled by other means.

Lots of DCA`s use the threat of court action, or fake CCJ`s as leverage to make you pay up, now you have clarified that this was indeed an actual event, and not DCA fantasy, then a set aside is the right course of action, if you still deny the debt, but the set aside will cost you more than the actual debt, and there is no guarentee you will (A) win, or (B) get your fee back.

Have a read here-

https://legalbeagles.info/library/how-to-set-aside-a-county-court-judgment-ccj/

[Deleted User]

😯😯I thought i was hard-hitting and straight talking in some cases, but you've gone to the top of the tree !
Even i think you're a bit harsh on @dmb_moneymatters
@dmb_moneymatters you'll always get good, solid, advice from @sourcrates , defininitely pay heed there.

dmb_moneymatters

sourcrates said:

Debts below £600 can only be enforced by County Court Bailiffs. Judgments for debts of £5,000 and over can only be enforced by an HCEO.

So your only going to get the county court bailliff who in reality is little more intimidating than your old geography teacher at school who wore the patched elbow jacket.

Bailiff action is not set to resume until August 23rd, and they will have a 6 month back-log of cases to deal with, so if your judgement creditor does engage them, all you will get is possibly a phone call, don`t expect an actual visit this side of christmas.

And, as i said previously, should they call, pass them a letter stating your appealing the judgement, and leave it at that, don`t communicate further with them, and keep your door locked.

Hopefully by the time they get around to you, if they do, it will be settled by other means.

Lots of DCA`s use the threat of court action, or fake CCJ`s as leverage to make you pay up, now you have clarified that this was indeed an actual event, and not DCA fantasy, then a set aside is the right course of action, if you still deny the debt, but the set aside will cost you more than the actual debt, and there is no guarentee you will (A) win, or (B) get your fee back.

Have a read here-

https://legalbeagles.info/library/how-to-set-aside-a-county-court-judgment-ccj/

Thanks, I am in the middle of preparing my defence letter to set judgment aside, however, how do I address the fact i hadn't responded to the DCA for 4 months even though in one of the emails they warn me of court proceedings ?
Would it give weight / reason why the DCA used the wrong address and that it why they have been contacting my neighbours for clarification on my address and assets ? 
The DCA  mention they have instructed bailiffs on the 24th May 2020, if a debt below £600 can only be enforced by the county courts, how can the DCA  mention this has already been done ? and how do I find which company they are using ?