First Plus Default Judgment

Portofino_2

Hi

I have a case vs FP. Papers were served on them in Sept - one from my lawyer (this is the only PPI claim I am doing via lawyers because of the amount) and one from the court.

FP did not lodge any defence and so default was given. All good! :beer:

BUT! Now the *************** have come back and said they did not receive either letter and want the default reversed so they can defend.

I am gutted. Do you think the courts will buy it that two letters did not arrive. I think they were sent first class post not recorded. But that was not in my control

Any thoughts?

PaulinWeston

It depends (I think) - If your lawyers sent FP a copy of their particulars of claim, then they usually do this through the DX system (i.e. lawyers mail) and I thing it would be hard for FP to deny that they receivied it. Similarly, if your lawyers addressed the claim to FP's solicitors when they lodged the copy with the county court, then I think the county court would also have used the DX mail.

That being said - if they used 'snail mail' - then I guess there is an argument that they didn't receive the paperwork from the court and I've seen alot of similar forum threads on the consumeractiongroup website where, unfortunately, the court has allowed the defendant to strike out the default and submit a defence.

I know it's disappointing - but at least if you have solicitors making the claim on your behalf, they must think that there is a reasonable chance of winning!

Good luck

Portofino_2

Yeah - I need to stay calm.

But I am so fed up with FP - this has been running for 18mths.

Thanks for posting!

PaulinWeston

Don't dispair!! I took a car finance company down the county court route (after the FOS said they wouldn't look at it).. One of the benefits (which the FOS don't allow) is that I claimed interest at the same rate as that of the origional loan (my argument being that I would otherwise have used the money to repay the loan sooner).

The other side's solicitors played a very merry dance indeed!! - Their first defence simply said: "Everything is denied". So I had to seek an application from court for this to be thrown out (and won!). The other side then applied to have my claim struck out for being time barred (and I won that too!). They then applied for the claim to be transferred from the small claims track to the multi track (thereby enabling them to ask for costs against me if they won). We went to an allocation hearing and the barrister "threw all his toys out of the pram" when I (not a lawyer) convinced the judge that it should stay in the small claim track!!

And just as I was getting ready to 'have my day' in court (:eek:) - they sent me a cheque to settle.:j