Judgement for Claimant (in default) Advice

newcastle_1986

Hi All,

kind of new to this

been getting annoying letter from lowells for months but finally i got a JCF letter today

i understand i should have got some sort of claim form first but i have not?

i have some pictures added on, i am wanting a mortgage in the future and dont want to be effected



can anyone help me?

thanks

newcastle_1986

sorry did not realise i cannot post links etc yet due to being new

the letter has a claim number

county court business center

northampton office, NN1 2LH

it says if i pay in full i can ask the courts to cancel the entry on the register

sourcrates

Looks like you have received judgement in default (happening a lot of late) can you afford to clear the debt within the 30 day timescale ?

If so, the CCJ will not be registered on your file, and that will be the end of it.

If you can't, then you will have to pay in instalments, or you could apply for set aside, reason being you did not receive the claim form.

There is a cost involved for that, £255.00 court fee, with no guarantee of success.

Your choice on how to play it.

newcastle_1986

I can make the payment in full i think

but i really wanted to argue it

sourcrates

newcastle_1986 wrote: »

I can make the payment in full i think

but i really wanted to argue it

In that case, your only other option is to apply to set aside the judgement using court form N244.

But as I said this will cost you a further £255,00.

Reasons to set aside are :

Defective Service Or Not Entitled

The first is to prove to the court that service of the claim form was defective. If this can be proven, the court must set aside the default judgment.
Service of the claim form is a technical issue. The claimant must specify an address for service for the defendant at which to post the claim form. Generally, the address for service is the last known residence, place of business or registered office of the defendant.
For example, if the claimant specified an address for the defendant at which he had no connection (meaning the defendant never received the papers), a default judgment should be set aside.

The court might find the claimant was not entitled if for example an acknowledgment of service or defence had been filed in time.
Some Real Prospect Of Defending Or Some Other Good Reason
The second basis for setting aside default judgment is discretionary. This means that the judge dealing with the application must decide whether he considers the court rules apply and whether it is reasonable to set the judgment aside.

Generally, when asking the court to exercise its discretion, the defendant must show that he has a real prospect of successfully defending the claim or some other good reason why the default judgment should be set aside, varied or the defendant should be allowed to defend the claim.

To be able to satisfy the judge that you have a real prospect of successfully defending the claim, best practice is to attach a copy of the defence you intend to rely upon to your application.
Whether there is a real prospect generally means that the chance must not be false, fanciful or imaginary. It should not be enough to just show an arguable defence.

One of the key factors the court will consider when deciding an application to set aside default judgment, is whether is the application has been made promptly. The court will expect a defendant to make the application very quickly after discovering the default judgment. The court expects action within days, rather than weeks or months. The longer you delay issuing such an application, the less chance there is of it being successful. If you have delayed, you will need to provide good reasons to the judge.

The courts have decided that not receiving the claim form can fall within the “good reason” provision in the court rules.
A judge may decide to impose conditions when setting aside default judgment, such as paying a sum into court or paying something towards the other side’s legal costs.

It depends upon the outcome of the application and the reason the judge provides, as to who should pay whose legal costs of the application. Costs are always at the discretion of the judge. A claimant facing an application should therefore think carefully whether to defend it or not.

lisers

My Son doesn't stay here but I still get all his letters ,sometimes il open one to see whats going with him as this is my address and I usually send back bundles of his mail as return to sender, not at this address as I rarely see him The letter I opened is a Judgement for Claimant (in default). He doesn't live here and is not on the register but I am worried this will affect me ,my credit rating and any goods they threaten to seize will be mine as he wont be paying the debt off by £50 a month as letter states he must .The letter I opened today is dated the 28th of February as its been laying there for a couple of weeks .Any Advice please

National_Debtline

Hi lisers


This judgment is his debt and his alone - it will not affect you any more than it will me. However you are likely to get further such mail for him landing on your doormat until such time as he makes himself known to them - or you are able to return the mail with a forwarding address. I'm sure he won't you suffering any unnecessary worry/hassle so I'd encourage him to seek some advice on dealing with these matters one way or another.


As an additional observation, you'd be better off creating a brand new thread for your query rather than replying to an existing one, as you're more likely to get responses that way.


Dennis
@natdebtline