Desperate Small Claim Advice Needed

Atidi

Quentin wrote: »

Ignore this.

There is no such time limit. ...

Ignore this.

Evidence to support my previous post can be found in this National Debtline leaflet

http://www.bdl.org.uk/images/12_EW_NDL_Setting%20aside%20a%20judgment%20in%20the%20county%20court.pdf

gb12345

Quentin wrote: »

(Claimants often win by default after using an old address for the defendant and it can be months/years till the defendant discovers a claim was made against them)

The difference is that in those cases - the defendant is not aware of the claim as they never received court paperwork.

The OP was fully aware that there was a claim and the date that the case would be heard. So, the "usually within 14 days" would apply in this case, although with the word "usually" being used, it might be worth a punt by arguing that he thought that he had advised that he wouldn't be able to attend due to illness and only recently found out that the hearing went ahead and the claimant won by default.

It's a long shot, but possibly worth it.

Quentin

The OP was ill, and (possibly in ignorance) assumed the case would be adjourned.

(Though by the willingness of the OP to pay up, maybe the defence is shaky, Bearing in mind a solicitor is also advising the OP)

However if the OP does not owe the money, then shouldn't be put off appealing the CCJ because the 14 days have passed.

ftsos

To all the helpful people on this thread. This is an update for you all. I emailed the other part, advising them that I would be willing to pay and that I want a receipt within 24 hours. They agreed. I contacted the court and once I get the receipt I will forward it to the court.

Regardless of what happens, I want to speak to either on the phone or email or in person to someone in the court office because I feel even though I have paid, there are not of things in this case to me does not seem right or fair, and I believe the other party has just got away with it.

a) This was a business vs business matter so should not have involved an individual since they were both limited companies. This has caused complication in the sense that I could get a CCJ when "legally" as far as I know it should not be the case.

b) I can't get my head around the date of the letter, and last date of payment. Someone, with a sane head, with a straight face needs to explain how that is rational. I appreciate I know about the hearing date and all of that. However, when you send someone a letter, even if it comes from a bailiff, or a standard letter from a client, you typically say, you have 14 working days, or 5 working days from the date of this letter. You don't just send a letter and the date the person receives the letter is the last day. So if everything had gone according to plan, and the post has arrived on time, and say I had received the letter, I still would have received the letter the last day of payment.

It does not make rational sense to me. The word has stopped making sense a long time ago to me.

Just to give an idea I am under 40, in my late 30's, and I planned to financially "semi-retire" or retire by I hit 40, or by 40 or so. I am and was/is close to it. By the way, I do not need to be rich. I just need to be financially independent, so to get an income without working so I am not dependent on the state. However, my belief in people, and life in this country has gone to pieces. It's not just about this CCJ. I probably sound like a Victor Meldrew type of character. But I genuinely have had enough. Everything seems to be aggravation or "hassle".

I don't anything anymore.

Thank you all for advice.

By the way, a solicitor is not really advising me. She more or less told me what you told me.