Advice please, Debt collector and Judgment for claimant (In Default)

by Dynorod77 Fri Aug 06, 2021 2:45 pm

Hello Ladies and Gentlemen,

I am new here, after watching the Strawman video,

Im in need of some advice.

I have been receiving letters for some time now regarding an old credit crd that i wasn't able to pay back, the debt was sold to Moriarty Law who the in turn have been sending numerous amounts of letters, i haven't responded to any of them, although i did email them a while back after being stressed out with the letters, phone calls and emails.

I stupidly had agreed to pay an amount of £81 if i could afford it at the time the payment was due, i made one payment, then couldn't afford the next, therefor they entered judgement against me and the court had ordered the i pay £25 per month in order to clear the debt.

Please see the county court letter attached.

Attachments

: IMG_4695.jpg County court letterYou don't have permission to download attachments.(1.1 Mb) Downloaded 10 times

by **daveiron** Fri Aug 06, 2021 8:26 pm

Welcome. Listen very carefully to this video ,it mentions a remedy
a couple of times

by flyingfish Sat Aug 07, 2021 9:37 am

We could do with a bit more background and history. Was this the first court action, or was this £81/month "agreement" done through court as well? I wouldn't expect to see the County Court suggesting payment by instalments.

Anyway from where you are at the moment, since this was a judgement in default you can apply to have it set aside, giving the chance for you to make your defence.

by Dynorod77 Mon Aug 09, 2021 9:11 pm

Hi, This is the first court action, the £81/month was agreed between myself and the debt collector via email and i paid 1 instalment,

Thanks for the reply, can you point me in the direction of applying to have it set aside please?

by flyingfish Tue Aug 10, 2021 8:10 am

You apply using form N244 ..
https://www.gov.uk/government/publications/form-n244-application-notice

This is a generic form used for any application to vary a decision or order. So in Question 3 you need to spell out that you are applying for the court to set aside the Judgement in Default dated 12th July 2021.

Question 10 you need to set out why you think the judgement should be set aside. Include the reason for not responding to the original claim form. And include an outline of your defence or other argument that you would have put should you have been able to attend a hearing. Only a sentence or so, this is just so the court can see you have an arguable case.

Question 5 I suggest to tick "without a hearing" as the fee is lower. However if the claimant objects then there will probably be a hearing anyway.

Some of the detail will depend on whether you originally acknowledged service but then did not lodge your defence, or whether you were unable to respond at all.

Hang on a bit in case other members want to add or correct anything I've written here ..

by flyingfish Tue Aug 10, 2021 8:15 am

Also check out EX160 to see if you are eligible for help with the fee
https://www.gov.uk/get-help-with-court-fees
https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

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Advice please, Debt collector and Judgment for claimant (In Default)

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