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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I Have defaulted on a Boiler Monthly payment. And the creditor

Customer Question

I Have defaulted on a Boiler Monthly payment. And the creditor has taken me to court. Since the interest was high I defended and the judge said he believe there is double interest and asked us to settled mutually. But the creditor is not so keen. On the 3rd hearing I missed the court by 3 minutes because of a repair going on in front of the court and I could not attend on time.

Noe the summary judgement is passed for the full value and Interest and creditor solicitor expenses. FYI credit offered me a settlement payment in July 2013 but I could not meet the same.

Actual credit has 60 more months and creditor is asking for the full amount minus what I have paid and interest on top of it.

My question is do i have chance if I apply N2xx form to reduce the amount ?
How do I do it ?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Had you notified the court to say you would be late please?
JACUSTOMER-a35cph35- :

I have time till 15th June

JACUSTOMER-a35cph35- :

sorry 18th June

Alex Watts : Sorry I asked if you informed the court earlier if you would be late please? I mean for the summary judgment hearing.
JACUSTOMER-a35cph35- :

I could not. Becouse I was entering the court and the guard said still not called so I wen upstairs and waited. Then the defence attorney came and told me the judgement is passed nothing I can do

JACUSTOMER-a35cph35- :

I attended 2 hearing prior to this

JACUSTOMER-a35cph35- :

Hi

JACUSTOMER-a35cph35- :

FYI though may help you reply me, Capital £4000 + Interest £3500 for 96 months. I paid £2200 so far. Demandwas £ 5828. My defence was creditor demanding full 96 months interest in advance and putting interest on top £412 + solicitor fees. What are mychances

JACUSTOMER-a35cph35- :

Hope I am not disturbing you

JACUSTOMER-a35cph35- :

r u still online

Alex Watts : Sorry I am away on holiday so am on and offline.
Alex Watts : Had the matter been allocated to a track at all please?
Customer : No
Customer : The summary judgement is passed. Do I have chance re appealing using n form and paying £156
Customer :

Hi Alex, I have not received any answer for my question yet. Would appreciate if you could let me know what action I should take

Customer :

If you are on holiday would you connect to some other experts to help me

Customer :

If i don't take action or pay the full amount before 14th June it will go on the register . Your early reply is much appreciated

Alex Watts :

Ok

Alex Watts :

These are the choices you have

Alex Watts :

You should have informed the Court you were going to be late.

Alex Watts :

You can apply to set aside the matter

Alex Watts :

You need to use a Form N244 available here:

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

However although this is apply to set aside the Court may dismiss the application because there was an actual hearing

Alex Watts :

Because there was a hearing the normal route would be an appeal

Alex Watts :

Therefore you should try the Judge as some Judges refuse to hear an application to set aside if there has been a hearing

Alex Watts :

Otherwise you need to appeal the decision which you can do if:

Alex Watts :

1) there was an error in law

Alex Watts :

2) there was an error in Court procedure

Alex Watts :

3) the decision made was one which no reasonable Judge could have made

Alex Watts :

You need to complete form N161

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n161-eng.pdf

Alex Watts :

You need to ask the Court for permission to appeal first. If this is refused you can ask for an oral hearing for permission

Alex Watts :

If the oral permission is refused that is the end of the case

Alex Watts :

But if you get oral permission you can then pursue the substantive appeal

Alex Watts :

So try set aside first then followed by appeal

Alex Watts :

Can I clarify anything for you about this today please?

Customer : Just one question
Customer : if go through N244 and judge permits is there valued ground for judge to consider the claimant is demanding interest on interest
Customer : and favor me. Is there any past example a judge has ruled in favour.
Customer : of a similar situation.
Alex Watts : Yes. Interest if simple interest and NOT compound.
Alex Watts : This is what he is trying to charge. 99% of cases in court are not reported so there may well be examples where the judge has fund in similar circumstances
Alex Watts : Can I clarify anything else for you today please?
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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