Have been in contact with the county court regarding athe attachment of earnings application and have been infromed that they do indeed have a money judgement and therefore there is no onus on them to provide anymore documents as the case has already been proved. I also contacted on of those free legal helplines you get with house insurance and they advised the same. I feel like I have been wasting time and money fighting this when this would have happened all along. They have now upped the amount to 29K. Should we make an offer now? Has anybody made an offer to pay a set amount over a period of a few years that has been accepted. I would be grateful for any input.

-- Kate (katesoper@supanet.com), October 29, 2001

Answers

But did you ask to have the judgement set aside?

-- pendle (pendle_666@yahoo.co.uk), October 29, 2001.

Pendle is right, you can still ask for it to be set aside. I haven't gone back and read your old posts, but I recall that you knew nothing about all this until it was too late? You have a bona fide case, their claim cannot be proven if you knew nothing about it! If you make an offer to run over a period of years, they will *never* go away and they will continually attempt to up the agreed amount every six months. This I know from bitter experience. If you can do it, a one off full and final from/including all interested parties will get rid of them for good. As it stands they will just hound you at every turn and you will not be allowed to get on your feet. try not to be disheartened; I know it feels like someone just punched you in the face, but they are in the wrong.

-- Too scared to say (iwasduped@yahoo.com), October 29, 2001.

Yes I did ask for the judgement to be set aside. They said I could't as the Bristol and West already had judgement against my husband so that mean't that they didn't need to prove their case again. However I have just heard from Carol Riley who seems to think that going on what I have told her the court is getting confused with the suspended possession order and a judgement. If the court don't know what they are doing what hope is there for the rest of us!!!

-- Kate (katesoper@supanet.com), October 29, 2001.

The courts cannot give you legal advice. You can get forms, help with filling them in, and leaflets on proceedures. I know you can apply to the Court to have the judgement set aside as this is something which credit repair firms do.

Find a firm of solicitors - most will give a free initial interview - and get them to submit the Application to Set Aside on your behalf.

-- pendle (pendle_666@yahoo.co.uk), October 29, 2001.

Further to the thread - have just received a copy of the judgement this morning giving until yesterday afternoon at 4pm to apply to set it aside. The judgement is dated 20 October 2001 and until today I didn't even know of its existence - I certainly have not received it before now. Is it still too late to get it set aside. And are not receiving the information I asked for grounds for setting aside. Please help.

-- Kate (katesoper@supanet.com), October 29, 2001.

Go down to your local court today with the copy judgement and the envelope it was posted in and show the court that there was no way you could apply in time to have it set aside. Ask them if there is a form which you can complete, or if you will need to see a solicitor. If the latter, then go and see one as you'll obviously need help in drafting your application.

-- pendle (pendle_666@yahoo.co.uk), October 29, 2001.

Thanks for all the advice guys. Court still saying that it is too late to set aside as judgement has been made but if I want to waste my money then that's up to me. However have got hold of Carol Riley who has helped me to fill in the Application to set aside on the basis that the amount being claimed for is not the same as the original judgement and that they have yet to substantiate the new figure. Hopefully this will work. BS are refusing to come up with docs relating to MIG saying that they are a private matter between them ana a 3rd party. Used info on this site to tell them this is c*** and they have to supply me with info. I think they have mistakenly included copies of the MIG settlement with the SARN stuff so I know they have claimed on it.

-- Kate (katesoper@supanet.com), October 31, 2001.

Kate,

Is the MIG an older Sun Alliance policy? I ask because I have seen a blank one of these, and it states at one point that 'Whereas the mortgagor [that's you] has made a proposal to the Company [that's the insurance company] to provide such an indemnity.........'

Now I don't know much about contracts, the law, etc, but to me that looks very much as though any claim that this is a simple contract between the lender and the Company might not in fact be correct, as you, the borrower, feature in the policy as a proposer - as some kind of agent in the proceedings - IMHO.

-- E Scott (eleanor.scott@btinternet.com), November 21, 2001.

In answer to Eleanors reply, the MIG is with Royal Sun Alliance previously Sun Alliance I believe and they have claimed on it and been paid.

-- Kate (katejones6@katejones.freeserve.co.uk), November 21, 2001.

Interesting. Let me know if you want to see a copy of the copy of the older Sun Alliance MIG policy which I have in my possession.

-- E Scott (eleanor.scott@btinternet.com), November 21, 2001.

Kate,

It's scanned and emailed to the email address you contacted me on this morning. Remember, I'm an untutored person who can't offer professional advice, just my own humble opinions. All best,

-- E Scott (eleanor.scott@btinternet.com), November 22, 2001.