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Do court action from small claims court effect your ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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mateen123
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Do court action from small claims court effect your ILR

Post by mateen123 » Thu Jul 04, 2013 3:28 pm

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.

aknight
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Post by aknight » Thu Jul 04, 2013 3:46 pm

How were you notified about the decision then?

mateen123
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Post by mateen123 » Thu Jul 04, 2013 5:18 pm

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.

Amber
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Post by Amber » Thu Jul 04, 2013 6:13 pm

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.
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mateen123
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Post by mateen123 » Thu Jul 04, 2013 7:35 pm

Yes I have already applied n244. But I am just worried if such court cases are scrutinized by Home Office before they grant ILR.

Amber
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Post by Amber » Fri Jul 05, 2013 6:58 am

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.
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mateen123
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Post by mateen123 » Fri Jul 05, 2013 9:29 am

Thanks for confirmation. I have until Jan to file my Ilr and I hope I will be done by then with this case.

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