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LegalNinja
LegalNinja, Solicitor
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Experience:  Solicitor
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A money claim made against me that I;ve contested?

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A money claim made against me that I;ve contested?
JA: Where are you? It matters because laws vary by location.
Customer: Bedfordshire UK
JA: What steps have you taken so far?
Customer: Well I made a money claims defence, declined mediation, a hearing was done without anyone contacted me so an outcome was made that i was not aware of or deem correct
JA: Anything else you want the Lawyer to know before I connect you?
Customer: This is a issue regarding renting, i moved out, forfeited my deposit and the clamaint made a claim against me saying i have unpaid rent, when our tenancy had already ended and i was under the impression that we were all moving out, i never received my money back as i forfeited it

Hello,

 

I will be helping you today. What is your query?

Customer: replied 13 days ago.
Hello
Before I begin, have you seen the attachment that I have put in this chat or has it not come up yet?
Customer: replied 13 days ago.
My name is Fiona by the way thank you for taking the time to speak, it is easier for me to type as I am usually at work most of the time

No problem.

Don’t worry about the pop-up mentioning a phone call – this is an automatic offer made by the system, giving you the opportunity to pay extra to discuss things over the phone. However, it is entirely optional and if you just ignore it and close it down you will not be charged extra and we will just continue in writing at no extra cost.

How can I help you today?

Customer: replied 13 days ago.
Thank you for clarifying
Customer: replied 13 days ago.
Following from the attached claim, the claimant filed this claim against my mothers house, knowing that I have not been in contact with my family since 2015, we have a broken relationship. Because she did not know my moving address she has been sending correspondences where I cannot obtain information due to the nature of my relationship with my mother. I didn't update the claim with my new address because it said that they would give it to the claimant and after my previous interactions with the claimant and how she has harassed me when living together and after, i didn't feel comfortable having that information
Customer: replied 13 days ago.
After countering the claim, and filing out the questionnnaire form, I heard nothing back, but the claimant in that time frame has been harassing my family, has been looking for me online to the point where i've had to block the claimant because she had been causing me issues mentally, and at the time of when i moved out i was being made redundant and juggling finances, moving to a new home and looking for a secure job was my priority. However I've had nothing since, but I received contact from my mother today to say that the judge as ordered me to pay the clamaint
Customer: replied 13 days ago.
I had not been contacted or advised of a hearing since after filing in the quesitonnaires form, and since making the claim i have not received any notifications or updates from the gov website or anything to inform me of the next steps
Customer: replied 13 days ago.
And to be honest, considering my counterclaim, my evidence to prove that i was under the impression that as a collective we are all moving out (because we signed a 6 month tenancy because we agreed that when the clamaint and her partner got married that we would not be living together, i even sent her emails helping her to find houses etc) up until when i moved out all of a sudden that were was an issue

OK, it appears to me that the Court has issued a Judgement against you. The first thing that I would do is telephone the Court to confirm this. You will then need to make an application to Court to have the Judgement set aside.

Customer: replied 13 days ago.
The agency we had been renting from since 2015 have refused to assist me since when i wanted to move out i had asked them if i could use my deposit to pay my final rent because i was in no position to pay for 2 houses at the same time (especially paying agency fees before the new law had changed, deposits and all the other things that go into moving) but the agency said because it is a joint tenancy i cannot get my deposit back unless we all move out, i was still under the impresion they was moving out so i did not see the issue, but behind my back they signed a new tenancy whilst i was still living there etc and thats where the problem started
Customer: replied 13 days ago.
Whats the process of having the Judgement set aside? What does that even mean is it ok if you could break that down for me?

Please see below the form you will need to complete and submit to Court along with the relevant Court fee which is £255.00:

 

 

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-dont-owe-the-money

The Court will take into account a number of factors including the promptness of the application. This is not a specific requirement but promptness carries a great deal of weight. You will need to complete the form I provided you above and set out the Grounds in which you wish to have the Judgement set aside. The Court have the power to do this if it appears that you have a real prospect of defending the claim or there is some other good reason as to why the judgement should be set aside.

Customer: replied 13 days ago.
Thank you very much for clarifying, if i was going to struggle to pay the fee is there any type of funding available to me? The judgement stated that I had until the 27th January to pay the monies owed, which i do not intend to pay as i intend to contest etc?

Yes, you can apply for help regarding Court fees. Here is the link to this information for you:

 

https://www.gov.uk/get-help-with-court-fees

Yes, you should make the application before then which will then result in a Hearing taking place which you will have the opportunity to make your case.

I do hope this clarifies, will that be all today? :)

Customer: replied 13 days ago.
Thank you so much, this has really been helpful especially trying to navigate all of this on my own I am so great full, thats everything again thank you so much, the last thing i will ask if you don't mind, in your legal opinion do you think i have a case?

It's a pleasure. It appears that you do have a strong case to make and it would take a hard nosed Judge to refuse such an application on the basis on which you have explained above.

I do hope I have helped today.


I would be grateful for a 5 star rating at the top of your screen for my time. It is important to leave a rating as is how Experts are are credited for their time. All the best. -LN
LegalNinja and other Law Specialists are ready to help you
Customer: replied 13 days ago.
I am truly grateful, i've given 5 stars but once again thank you so much for your time patience and advice, again you don't know how much i appreciate it. Take care

Fiona