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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I was a defendant at a hearing in the High Court in August

Resolved Question:

I was a defendant at a hearing in the High Court in August 2013 at which a 'judgement' was awarded against me. I have not received any documentation from the Court regarding this 'judgement', neither has it been registered on the Trust Online portal. Has, or has not, a 'judgement' been awarded against me? If it has, then where is the proof? If it hasn't, then where do I stand?
Any advice would be appreciated.
Nick
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** 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 : Was it for a debt please you were taken to court?
Customer:

Hi. Yes

Customer:

Hi. I had to attend a hearing at the High Court and it was for a debt

Alex Watts : So you have not received a general form of judgment or order?
Customer:

No, nothing at all.

Alex Watts : Has anyone asked for payment?
Customer:

Yes. The 'debt' is for about £20K. After the hearing I was visited by an Enforcement officer, apparently with a Writ of Execution; although I never saw the official court paperwork relating to this. I applied for a Variation of an Order and at the hearing the Judge ordered that I pay £10 per month, due to my financial situation - I have a copy of this General Form of Judgement.

Customer:

Having moved house, the creditors are now applying for a Charging Order. The letter was received on the 2nd and they say they are forwarding the application to the court on the 7th; which obviously does not give me much time.

Alex Watts : But you were at the original hearing which you were ordered to have costs?
Customer:

Yes

Alex Watts : Ok. Was this a contested trial for debt or another matter where you had costs awarded?
Customer:

This was a contested claim

Alex Watts : Ok. Was it a contested debt or were costs awarded because you lost the substantive claim?
Customer:

The debt was contested (by myself, couldn't afford solicitor etc.) and I lost the substantive claim.

Alex Watts :

Ok - well the fact that you were there means that you know about it

Alex Watts :

If you have not had the Court order is a good thing because you have a CCJ but it is not registered at Registry Trust

Alex Watts :

If you say now you do not have it, you run the risk that it is entered and your credit is ruined.

Alex Watts :

But as it stands there is a debt but its not registered.

Alex Watts :

As you attended the hearing you can't say you didnt know about it

Alex Watts :

As for the charging order, case law shows that even if you are not behind a creditor can apply for an order to be secured.

Alex Watts :

You can of course ask the Court to order that it can not be enforced on condition you pay £x per month

Alex Watts :

In this case you pay £10 a month.

Alex Watts :

But are they entitled to a charging order - yes

Alex Watts :

But nothing can happen with that charge if you pay on time

Alex Watts :

It simply secures the debt

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

The debt has not been registered, as I appear to have a good credit rating! Anyway, many thanks for your advice and opinion

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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