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Do court action from small claims court effect your ILR

Posted: Thu Jul 04, 2013 3:28 pm
by mateen123
HI

A housing solicitor make a false claim to court for a small payment(approx 320£). And the weird thing is he intentionally sent the claim to the wrong address, and as a result I never received it and the court gave decision in favor of the claimant as I didn't respond to it.

The court to which the claim was sent is a small claims court.

This whole case was unfair as:
1) The solicitor claims to do work when I didn't sign any terms condition document
2) The solicitor intentionally sent the court case to the wrong address to win automatic judgement and didn't even inform me.

Now what I'm afraid is will this court case has any effect on my ILR.

So if somebody can give me any guidance on this. It would be great as I need to file my ILR in Jan 2014.

Posted: Thu Jul 04, 2013 3:46 pm
by aknight
How were you notified about the decision then?

Posted: Thu Jul 04, 2013 5:18 pm
by mateen123
They sent the court claim to my brother in law's address who was their client and by the time i came to know of it the deadline had crossed. So I contacted the solicitor to give ne the claim number and then i contacted the court. Lets not focus on the case, but on whether this case can dent my ILR chances.

Posted: Thu Jul 04, 2013 6:13 pm
by Amber
It shouldn't affect your ilr. However, if you believe the ccj is wrong then complete court form N244 and ask the Court to set the judgement aside.

Posted: Thu Jul 04, 2013 7:35 pm
by mateen123
Yes I have already applied n244. But I am just worried if such court cases are scrutinized by Home Office before they grant ILR.

Posted: Fri Jul 05, 2013 6:58 am
by Amber
No it shouldn't, but will need to be declared as a civil judgement, include a letter explaining that you are asking for the judgenent to be set aside.

Posted: Fri Jul 05, 2013 9:29 am
by mateen123
Thanks for confirmation. I have until Jan to file my Ilr and I hope I will be done by then with this case.