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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are being pursued by Solicitors acting on behalf of Shop

Resolved Question:

We are being pursued by Solicitors acting on behalf of Shop Direct through Lowell Debt Collection for a debt of £3000 which according to them goes back several years ago. They issued court proceedings this time last year, we responded in our defence explaining that we needed further information as we did not know what this related to. We had been receiving statements from Lowell's with just a brought forward balance . Before it went legal we continually requested details, we have been told that it was initially a credit card which we have never had and then we were advised it was a Death Benefit cover. We told them we had never taken out any insurance with Shop Direct and would need to see documentary evidence. We have continued to receive statements. Nothing has happened since we filed our defence and now last week we receive a notice that Judgment has been entered in default. We spoke to the Solicitors and they said that our defence was thrown out, but we was not made aware and it's taken them nearly a year to proceed.
What can we do now?
Thanks
Brenda H
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Why did you not file a defence?

Alex Watts :

Judgment in default is whrre you have failed to file a defence

Customer:

we did file a defence last year but according to their solicitors it was thrown out, which we was not aware off as we were waiting for them to supply the necessary details.

Alex Watts :

Did you get a notice from the Court saying it was struck out, the defence?

Customer:

No, we submitted our defence online and the only paperwork we received from the court was the original summons and the Judgment

Alex Watts :

Ok - did the online system accept your defence?

Customer:

Yes

Alex Watts :

And you have had no further Court orders, save for the Judgment in default?

Customer:

None, since getting Judgment their Solicitors have contacted us about making payment or setting up a plan

Alex Watts :

Ok. When was Judgment entered?

Customer:

Last week

Alex Watts :

Ok - then you need to apply to set aside asap. You need to complete form N244

Alex Watts :

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

Alex Watts :

You need to show that you have a realistic defence to the claim and that you acted promptly.

Alex Watts :

From what you have said you do.

Alex Watts :

There is a Court fee of £155 to pay and there will be a hearing

Customer:

Yeah we were told this, but were told I would cost about £150

Alex Watts :

You need to attach a copy of the defence you filed, together with the application to set aside.

Alex Watts :

Its £155

Alex Watts :

The court will list the matter for hearing and decide whether to set it aside.

Alex Watts :

If the Court does then it will proceed in the normal way

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf

Alex Watts :

Page 6

Customer:

This is £155 we cannot really afford, this is why we are not happy with the way it's being dealt with

Alex Watts :

Sadly if there is a Judgment you MUST pay a Court fee to apply.

Alex Watts :

Otherwise the application wont be heard.

Alex Watts :

You can ask for costs of the application fee at the hearing from Lowell if you win

Alex Watts :

Does that help?

Customer:

Yes, it's just the fact that nothing has been done over four years of us trying to resolve this out of court.

Alex Watts :

Indeed. That in reality only affects the actual case, not whether or not it should be set aside.

Alex Watts :

You can raise that as an issue of costs

Alex Watts :

But its a costs argument only

Alex Watts :

Can I clarify anything else for you?

Customer:

No, you have been very helpful, many thanks, ***** ***** can let you know the outcome, or contact you if I need further help.

Alex Watts :

Of course. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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