Letter from sheriffs office

by Anonymous1975 Thu May 06, 2021 3:19 pm

I came home to this letter through my door, first of all this is rubbish, a claim has been made by a former friend that I and my word owed him money. First of all my wife never had anything to do with anybody this, nothing at all, so why he has made a claim against her I just done know. And secondly he is of owed this money, there was never any agreement in place and no signed contract. I thought that this was dead in the water and until yesterday I had been working away and my bother staying at my place. Firstly can they come and remove goods whether anyone is in the property or not? Amd how do I fight this?

Any help appreciated as my wife is a now considerably stressed and is already ill.

by flyingfish Thu May 06, 2021 5:13 pm

It might be an idea to obscure the claim number on that letter, you never know who's reading this.

If you've not received prior correspondence regarding the court case then I suggest contacting the court and finding out what's happened. If they've obtained a default judgement then you can apply to have it set aside, giving you the opportunity to defend the claim.

by Anonymous1975 Sun May 23, 2021 3:43 pm

flyingfish wrote:It might be an idea to obscure the claim number on that letter, you never know who's reading this.

If you've not received prior correspondence regarding the court case then I suggest contacting the court and finding out what's happened. If they've obtained a default judgement then you can apply to have it set aside, giving you the opportunity to defend the claim.

I will amend it, i had forgotten about the claim number, and thank you for the advice.

by Sharpysparky Sun May 23, 2021 5:51 pm

Anonymous1975 wrote:
I came home to this letter through my door, first of all this is rubbish, a claim has been made by a former friend that I and my word owed him money. First of all my wife never had anything to do with anybody this, nothing at all, so why he has made a claim against her I just done know. And secondly he is of owed this money, there was never any agreement in place and no signed contract. I thought that this was dead in the water and until yesterday I had been working away and my bother staying at my place. Firstly can they come and remove goods whether anyone is in the property or not? Amd how do I fight this?

Any help appreciated as my wife is a now considerably stressed and is already ill.

Unsigned by the claimant

Watch this guy’s video and subscribe to he’s channel, some very good gems in some of them and he explains stuff well too
https://youtu.be/T1Bcg87yTr0

by Anonymous1975 Wed Jun 09, 2021 11:46 am

Apologies for the late response as I have been in hospital, unsigned by the claimant means? I will check out the video now and subscribe., thank you for your reply I appreciate any help or advice given as you are taking up your valuable time to help someone.

by flyingfish Wed Jun 09, 2021 1:54 pm

Anonymous1975 wrote:unsigned by the claimant means?

I don't think you're going to get anywhere with arguments of that sort. Have you done anything about the actual court case and judgement that this arises from? If you don't address the underlying matter then that will stand, and even if there is something wrong with this particular bit of paper then they can just correct it as an administrative task. As a matter of fact I don't see why the claimant's signature should appear on a HC writ, it's a court issued document not one written by the claimant.

by Anonymous1975 Thu Jun 17, 2021 8:45 am

I believe that I can apply for a statutory declaration? As I had not received any paperwork due to me working away, then at least I can defend this fully.

by flyingfish Thu Jun 17, 2021 10:50 am

For a civil judgement the correct process is to apply to have the judgement set aside using Form N244 ..
https://www.gov.uk/government/publications/form-n244-application-notice
Here are the rules around getting a default judgement set aside, you will see that in some circumstances the court has to set aside, others it is discretionary. In general it could be set aside if you have a valid reason for not making your defence, and you have a real chance of defending. I don't think there's a hard time limit, but one of he requirements is that the application should be made "promptly".
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

(Statutory Declaration would be applicable to a criminal conviction)

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