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Summary Judgement help

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  • Summary Judgement help

    In November I attended County Court with regards to a debt with a DCA and Summary Judgement was awarded against me. I informed the judge that I had a copy of my I&E with me and that realistically I could only afford to pay £1 per month at this time.The Judge was not interested in looking at my I&E and made no arrangements for what or when I had to pay. Even on the letter I received from the court a week later there is no mention of payments.
    I phoned the court to see what I should do and the person I spoke to said it was unusual but to put it in writing and they would get back to me.
    I have now received a letter back saying that my letter was placed before the Judge who has made the following comments "No directions required, place letter on the court file".
    Has anyone any thoughts on what he means by this? My main concern is that the DCA try to get a charging order on my house as they have not received anything from me, but saying that, I haven't heard anything from them about payments which I find strange as they have hounded me long enough for it.
    Also, am I right in thinking a Summary Judgement is the same as a ccj?
    Tags: None

  • #2
    Re: Summary Judgement help

    Maybe I've posted this in the wrong forum, if so could someone please move it for me?

    Comment


    • #3
      Re: Summary Judgement help

      Nope right forum, but Amethyst is here now and she is the girl to give you some pointers.

      Over to you Ame :beagle:
      If you think nobody cares if you're alive, try missing a couple of payments.

      sigpic

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      • #4
        Re: Summary Judgement help

        Hi,

        Can you type out the General Form of Judgment or Order that you recieved following the hearing.

        Have you had any contact with the DCA following the hearing ?

        I assume the DCA took you to court to enforce the debt rather than you taking them to court ?

        Usually a SJ results in a forthwith payment order but the judge may have passed the SJ to allow the DCA to enforce the debt - so as you say by charge order, attachment of earnings etc. but I think it is in your interests to contact the DCA and find out what their intentions are, depending on the order you may be able to apply for determination to have installments set at a set rate.

        I don't know how much the judgment was for but it is likely if it is more than a few hundred the DCA will be asking for a charging order alongside any installment payments just as security.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

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        • #5
          Re: Summary Judgement help

          Originally posted by pompeyfaith View Post
          Nope right forum, but Amethyst is here now and she is the girl to give you some pointers.

          Over to you Ame :beagle:
          lol, no pressure there then Pomps x
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Summary Judgement help

            lol, no pressure there then Pomps x
            Not at all, just of read quite a few of your posts where peeps need legal advice and I can safely say you are more knowledgeable than me.
            If you think nobody cares if you're alive, try missing a couple of payments.

            sigpic

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            • #7
              Re: Summary Judgement help

              Thank you for the reply.
              Here is what it says

              Upon hearing the Solicitor for the Claimant and the Solicitor for the Defendant (no solicitor, just me)
              It is ordered that there be summary judgement for the claimant in the sum of £xxxx.xx.

              I have had no contact with the DCA since the hearing.
              Last edited by Shazza; 16th January 2011, 20:58:PM.

              Comment


              • #8
                Re: Summary Judgement help

                Originally posted by Amethyst View Post
                Usually a SJ results in a forthwith payment order but the judge may have passed the SJ to allow the DCA to enforce the debt - so as you say by charge order, attachment of earnings etc.
                You would have thought that the Judge would have explained this to me at the hearing, I expected it to all be sorted on the day, payments and all, he knew I was no solicitor.
                Last edited by Shazza; 16th January 2011, 21:35:PM.

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                • #9
                  Re: Summary Judgement help

                  So should I contact the DCA then, do I offer them an amount I can afford or wait and see what they say?

                  Comment

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