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  • FIRST POST
    • Lioness786
    • By Lioness786 8th Feb 18, 12:47 PM
    • 42Posts
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    Lioness786
    Judgement for claim default
    • #1
    • 8th Feb 18, 12:47 PM
    Judgement for claim default 8th Feb 18 at 12:47 PM
    HI all,

    This morning I received a judgement for claimant (In default ) from the county court saying I owe the x as I had not replied to the claim form.

    However, I did not receive a claim form......

    It had no date on there on when to pay either...

    Please advise.
    Last edited by Lioness786; 08-02-2018 at 1:13 PM.
Page 1
    • The Deep
    • By The Deep 8th Feb 18, 1:03 PM
    • 8,118 Posts
    • 7,406 Thanks
    The Deep
    • #2
    • 8th Feb 18, 1:03 PM
    • #2
    • 8th Feb 18, 1:03 PM
    Was this car park related?
    You never know how far you can go until you go too far.
    • Johno100
    • By Johno100 8th Feb 18, 1:08 PM
    • 3,503 Posts
    • 3,929 Thanks
    Johno100
    • #3
    • 8th Feb 18, 1:08 PM
    • #3
    • 8th Feb 18, 1:08 PM
    HI all,

    This morning I received a judgement for claimant (In default ) from the county court saying I owe the x as I had not replied to the claim form.

    However, I did not receive a claim form......

    Please advise.
    Originally posted by Lioness786
    Is this related to four other threads you started re PCM/IAS/Gladstones?

    http://forums.moneysavingexpert.com/showthread.php?t=5707550
    http://forums.moneysavingexpert.com/showthread.php?t=5717240
    http://forums.moneysavingexpert.com/showthread.php?t=5726208
    http://forums.moneysavingexpert.com/showthread.php?t=5721775
    • waamo
    • By waamo 8th Feb 18, 1:17 PM
    • 2,611 Posts
    • 3,206 Thanks
    waamo
    • #4
    • 8th Feb 18, 1:17 PM
    • #4
    • 8th Feb 18, 1:17 PM
    Post 2 in the Newbies thread covers court and set asides. You will need to convince the court that you didn't receive the paperwork. Given you clearly had other letters from Gladstones that may be an uphill struggle.

    You have 28 days to pay it. If you are paying do it ASAP.
    This space for hire.
    • Lioness786
    • By Lioness786 8th Feb 18, 1:29 PM
    • 42 Posts
    • 7 Thanks
    Lioness786
    • #5
    • 8th Feb 18, 1:29 PM
    • #5
    • 8th Feb 18, 1:29 PM
    Yes It was for parking and yes its related to one of my other threads. Am so annoyed as was prepared to fight this and know we could have won.

    The Judgement for claimant is dated 06 Feb. If paid within 28 days does It wipe the CCJ? (Do not see the point in paying 255 to have it set aside).
    • nosferatu1001
    • By nosferatu1001 8th Feb 18, 1:37 PM
    • 1,681 Posts
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    nosferatu1001
    • #6
    • 8th Feb 18, 1:37 PM
    • #6
    • 8th Feb 18, 1:37 PM
    So then you add this to the actual thread it relates to!

    If paid within 1 month (not 28 days) the CCJ is removed.

    Paying 255 is a fee you get back.
    • waamo
    • By waamo 8th Feb 18, 1:38 PM
    • 2,611 Posts
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    waamo
    • #7
    • 8th Feb 18, 1:38 PM
    • #7
    • 8th Feb 18, 1:38 PM
    If paid in time the ccj is wiped. If a set aside is granted you usually get the 255 refunded.

    Did all the previous correspondence go to your correct address? As I said before if it did you might have a hard time convincing a court you didn't get the paperwork.

    If there were errors in the address previously that would be good evidence to use for a set aside.
    This space for hire.
    • IamEmanresu
    • By IamEmanresu 8th Feb 18, 1:48 PM
    • 2,052 Posts
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    IamEmanresu
    • #8
    • 8th Feb 18, 1:48 PM
    • #8
    • 8th Feb 18, 1:48 PM
    Another factor not to be discounted is whether a CCJ would have a material effect on your life e.g. loss of job or home.

    Some judges even if you've been an ostrich and ignored paperwork will agree a set-aside on the basis you pay the claimant.
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • Lioness786
    • By Lioness786 8th Feb 18, 2:17 PM
    • 42 Posts
    • 7 Thanks
    Lioness786
    • #9
    • 8th Feb 18, 2:17 PM
    • #9
    • 8th Feb 18, 2:17 PM
    I would move to one of the other threads but I just realised those relate to another fine I received which I appealed to the IAS and lost. I do not remember in all honestly receiving any paperwork for this fine, although I received paperwork for the other fine from the same solicitors.

    If I work the dates backwards, the court papers would have had to have been sent around the beginning of Jan. If I am not granted a set aside do I pay the 255 plus 265?

    Is not receiving court papers a good enough reason to get a set-aside.
    • nosferatu1001
    • By nosferatu1001 8th Feb 18, 2:22 PM
    • 1,681 Posts
    • 1,884 Thanks
    nosferatu1001
    Yes, of course not haing received a claim form is a good reason to get a set aside. if there was no form received, then you were not given a chance to defend.
    Yes, if you fail you still need to pay up.
    • IamEmanresu
    • By IamEmanresu 8th Feb 18, 2:23 PM
    • 2,052 Posts
    • 3,649 Thanks
    IamEmanresu
    Is not receiving court papers a good enough reason to get a set-aside.
    Yes. Defendants are entitled to know what they are defending. Companies sending claims to old addresses is known as a scam and the Government are looking into it - especially for parking companies

    https://consult.justice.gov.uk/digital-communications/default-county-court-judgments-2/
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • Lioness786
    • By Lioness786 8th Feb 18, 2:29 PM
    • 42 Posts
    • 7 Thanks
    Lioness786
    Thank you all.

    I am a little worried as I have received correspondence from the same solicitor for my other fine. They may question how I received those and not these (If that makes sense) and tell me to do one and throw my set-aside out on that basis.
    • Lioness786
    • By Lioness786 8th Feb 18, 2:35 PM
    • 42 Posts
    • 7 Thanks
    Lioness786
    Also how does a set-aside affect the CCJ? As it wont be paid in a month?
    • KeithP
    • By KeithP 8th Feb 18, 2:40 PM
    • 5,624 Posts
    • 4,316 Thanks
    KeithP
    Do you know what the letters CCJ stand for?

    If a County Court Judgement is set aside, what do you think happens to the County Court Judgement?

    This is plain English.
    .
    • Quentin
    • By Quentin 8th Feb 18, 2:50 PM
    • 34,497 Posts
    • 18,464 Thanks
    Quentin
    Also how does a set-aside affect the CCJ? As it wont be paid in a month?
    Originally posted by Lioness786
    If you win your set aside appeal then it is expunged from the records (ie it is as if you never got it)


    The set aside is unlikely to be dealt with before a month from the ccj.


    If you lose your set aside then the ccj remains on the register (6 years) and you either pay it off or run the risk they enforce the judgement (eg bailiff/attachment of earnings)


    Bear in mind they can start enforcement proceedings from now on, and the costs involved will be added to the amount you are already ordered to pay in the ccj
    • Lioness786
    • By Lioness786 8th Feb 18, 2:51 PM
    • 42 Posts
    • 7 Thanks
    Lioness786
    I get what a CCJ is, my point is if it doesn't get set aside does that mean the CCJ stays on my credit file for 6 years vs the option to pay within the month and have it wiped completly? Or do I have a month from the rejected set-aside to pay and clear the CCJ?
    • Quentin
    • By Quentin 8th Feb 18, 2:53 PM
    • 34,497 Posts
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    Quentin
    See #15


    If you pay the ccj off at any time after the month from it being handed out then it will remain on the register
    • Lioness786
    • By Lioness786 8th Feb 18, 2:55 PM
    • 42 Posts
    • 7 Thanks
    Lioness786
    Thanks Quentin, we posted at the same time pretty much.

    Do I get the chance to wipe the CCJ if the set aside is thrown out?
    • The Deep
    • By The Deep 8th Feb 18, 2:56 PM
    • 8,118 Posts
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    The Deep
    I believe that you can query the amount, which is higher than it should be.


    https://www.stepchange.org/debt-info/ccj/set-aside-ccj.aspx,
    Last edited by The Deep; 08-02-2018 at 2:58 PM.
    You never know how far you can go until you go too far.
    • Quentin
    • By Quentin 8th Feb 18, 2:57 PM
    • 34,497 Posts
    • 18,464 Thanks
    Quentin

    Do I get the chance to wipe the CCJ if the set aside is thrown out?
    Originally posted by Lioness786

    No.


    See #15


    {QUOTE]If you lose your set aside then the ccj remains on the register (6 years)[/QUOTE]
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