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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47418
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I had a debt which I questionned. A hearing date was set

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I had a debt which I questionned. A hearing date was set for a small claims court hearing of which I was not originally notified of. The hearing took place therefore in my absence and the Judge ordered (an Interlocutorary Judgement) that I pay the sum disputed in full with interest within 15 days of the Judgement. I am unable to pay this amount so soon and am concerned that this will be registered as a County Court Judgement against me. I thought you had 28 days from judgemewnt to pay. Where do I stand?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Have you contacted the claimant directly regarding this?
Customer: replied 1 year ago.
Good Morning Ben, No I haven't colntacted the Claimant, I have heard nothing from them whatsoever. They did not event send me a confirmation of the hearing date nor any papers they were using at the Hearing. I am afraid relations between both parties are nil.
Expert:  Ben Jones replied 1 year ago.
Hi there. Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Customer: replied 1 year ago.
Ben, just to clarify, we had a Birthday Party at a Golf Club and we questionned the Bar Bill as we gave no permissions for free drinks.
To date, despite asking, we have not had the courtesy of a response detailing the Bar Bill breakdown and this has been my argument rhoughout. However, I wonder if I am able to appeal the Judge's decision?
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. If you were to challenge a decision by the court then an appeal can only be submitted on grounds of law, not because you simply disagree with the decision or think it is unfair. So you must show that the law was applied incorrectly and in cases that are relatively simple as this one it will be difficult to find a point of law to appeal on.Nevertheless, as far as payment is concerned, you may have been ordered to pay this within 15 days but the judgment will not qualify for entering onto the CCJ register unless the debt remains unpaid for at least 30 days from date of judgment. So you will still have a short period after the deadline passes to try and satisfy the judgment debt. In the meantime you may wish to try and agree a repayment plan in the event you are genuinely unable to repay the full amount within the 30 day deadline. Otherwise, ensure that it is all repaid within those 30 days to ensure no further repercussions. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Hi Ben,
I am going to make a form 244 submission that the judgement entered I feel is incorrect on the following grounds:-
1. We were not notified of the hearing by the Court or the Claimant, so were unable to attend the hearing and put our defence forward.
2. Our defence is that the Club have overcharged us without showing evidential confirmation of what was signed for in terms of the bar costs despite our requests for them to do so.
3. The Claimant did not supply any evidence that they would be relying upon in the hearing to us.
Are these points of law and therefore something we could rely upon to get the Judgement lifted?
Customer: replied 1 year ago.
Also is there merit in questionning the level of interest charged in relation to the charges they are claiming?
Expert:  Ben Jones replied 1 year ago.
Hi there, if you were not notified of the hearing then yes you can challenge that. Issues do happen where parties are not informed for one reason or another and each party needs to have a fair chance to put their position forward so yes you can challenge it but you need to explain what happened. I think in the circumstances you have simply been on the receiving end of judgment in default so even if there was no evidence to back up the claim, judgment would have been given to the other party by default because you simply were not there. So your main argument to challenge this is that you were not notified of the hearing hence why you could not attend. As to interest, unless there was a contract in place which defined any specific interest rates, they can only charge interest at 8% plus the Bank of England rate so a total of 8.5%. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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