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order for recovery of award

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order for recovery of award

Post by andybreck on Thu Jan 25, 2018 8:18 pm

just got a letter from the county court my council have just got a order for recovery of award . does that mean  the bailiffs will be coming


Last edited by andybreck on Thu Jan 25, 2018 9:03 pm; edited 1 time in total (Reason for editing : bad spelling)
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Re: order for recovery of award

Post by assassin on Fri Jan 26, 2018 1:58 am

In a word, yes.

They have got an order to recover an amount from the County Court, so were you notified of this, and could you have mounted a defence? or did you ignore it and they got a default judgement.
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Re: order for recovery of award

Post by andybreck on Fri Jan 26, 2018 9:45 pm

@assassin wrote:In a word, yes.

They have got an order to recover an amount from the County Court, so were you notified of this, and could you have mounted a defence? or did you ignore it and they got a default judgement.
they said they were going to take it to court but that was months ago but then the letter for the courts  just come thought the door on tuesday   Shocked it doesn't say its a judgement
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Re: order for recovery of award

Post by assassin on Sat Jan 27, 2018 1:27 am

If they have an award for recovery there must be a judgement by a court (fake court) and they must have a copy of this judgement.

Now you need to establish the facts, has it been to court, which court, what date, and what judgement was given and on any documentation or judgement it should have a case or file number.

If it hasn't been to court then there can be no judgement.

At some point the court must have contacted you if it has been to court to give you the opportunity to submit a defence and inform you of the date of the hearing, if they haven't then this is grounds to have the judgement set aside.
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Re: order for recovery of award

Post by andybreck on Sat Jan 27, 2018 11:31 pm

@assassin wrote:If they have an award for recovery there must be a judgement by a court (fake court) and they must have a copy of this judgement.

Now you need to establish the facts, has it been to court, which court, what date, and what judgement was given and on any documentation or judgement it should have a case or file number.

If it hasn't been to court then there can be no judgement.

At some point the court must have contacted you if it has been to court to give you the opportunity to submit a defence  and inform you of the date of the hearing, if they haven't then this is grounds to have the judgement set aside.
this is the 1st time i have had a court
letter and not been told of a hearing which i have had a few . i will try and put the letter up asap
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Re: order for recovery of award

Post by assassin on Mon Jan 29, 2018 7:23 pm

This isn't unusual Andy, the courts are obliged to notify ALL INTERESTED PARTIES of any hearing and they fail to do this for so many reasons, the main one being that if you don't turn up they automatically get a default judgement.

In a number of recent cases where the po-lice are, or have stitched people up with unlawful offences and bought false charges which they know the magistrates will find for them, the defendant has taken it to appeal in the crown court, and surprise surprise, the defendant isn't notified of the hearing in around one third of cases, now are we all to believe that the royal mail is actually that bad. Actually its for another reason, if you don't turn up for an appeal they automatically get a default judgement which upholds the original judgement, so again for their benefit to cover up their fraud.

As an aside to this: po-lice are obliged to investigate fairly and impartially and present ALL OF THE EVIDENCE to the CPS for a charging decision, yet the po-lice can bypass this and bring charges themselves, and do, but the CPS have to prosecute the cases in court, where the po-lice bring charges (not the CPS) over 75% of appeals arising from these cases (based on my research) show the defendant was not notified of the appeal date hearing, corruption or what.

More recently we have had huge issues with the DWP introducing PIP and it has emerged that ATOS, Cr*pita, and many other companies were assessing people and failing people illegally to hit failure figures given to them by the DWP so they can save money on paying out benefits disabled people and it has also emerged that despite their fraudulent and illegal tactics, these assessment firms could NOT hit the targets given to them by the DWP.

Many of these went to appeal, and then went to Tribunal, when they went to tribunal two thirds of the decisions were overturned in favour of the benefit claimant, and in the cases I have looked at over 50% of benefit claimants were never notified of the tribunal hearing date. In EVERY case I have seen the lack of an official letter informing the benefit claimant of the hearing hasn't been sent to benefit claimants where the tribunal overturned the DWP's decision.
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Re: order for recovery of award

Post by Tiggy on Tue Jan 30, 2018 1:39 pm

If this is s claim brought against you in the County Court (for a debt?) they will have issued the claim forms to which you had 14 days to acknowledge. If you fail to acknowledge within the 14 days they can apply for Judgement against you.

So you can apply to set aside the Judgement, you need to do that ASAP otherwise your chances of it being set aside diminish rapidly.

Or you can accept it and apply to vary the order and offer a repayment plan.

At this point they can send around the bailiffs, apply for a charging order if you own a property, arrest your bank account or apply for a attachment of earnings order.

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Re: order for recovery of award

Post by andybreck on Tue Jan 30, 2018 6:00 pm

@Tiggy wrote:If this is s claim brought against you in the County Court (for a debt?) they will have issued the claim forms to which you had 14 days to acknowledge.  If you fail to acknowledge within the 14 days they can apply for Judgement against you.

So you can apply to set aside the Judgement, you need to do that ASAP otherwise your chances of it being set aside diminish rapidly.

Or you can accept it and apply to vary the order and offer a repayment plan.

At this point they can send around the bailiffs, apply for a charging order if you own a property, arrest your bank account or apply for a attachment of earnings order.
hi tiggy nice to see you here from the old site . im going to pop in to court tomorrow as im only working down the road from it so will let you know what they say about it Smile
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