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Default judgement made against me??????

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Comments

  • Are you sure you put the correct postage amount on the envelope? If not, about 2 weeks later the court gets a card saying the PO has an underpaid item and they have to pay the underpaid amount plus a hefty admin fee to get it released. Then they hang onto that for 28 days or so and if payment hasn't been made they return it to sender. If you didn't put a covering letter with it, it may be difficult or impossible for them to work out who to return it to. presumably they just discard it at that point.


    Might this be what happened to it?
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Rich2316
    Rich2316 Posts: 35 Forumite
    If it was sent recorded go on the royal mail website and track the number they gave you when posting.
    It will tell you if it was delivered wont it ?
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    Rich2316 wrote: »
    If it was sent recorded go on the royal mail website and track the number they gave you when posting.
    It will tell you if it was delivered wont it ?

    it was sent from a red post box , because it was to far to walk to a post office
    Save a Rachael

    buy a share in crapita
  • Hasbeen
    Hasbeen Posts: 4,404 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    op stated that

    "Letter was sent in a red letter box first class" no reciept as nearest post office is a long way away"

    So not recorded or anyway correct postage
    The world is not ruined by the wickedness of the wicked, but by the weakness of the good. Napoleon
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    He only had to email it...and it wasn't meant to be 'a form' it was supposed to be a several-page defence. How could that get lost?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
    Sixth Anniversary Combo Breaker
    edited 28 March 2017 at 5:04PM
    I had a friend who this happened to. He got it set aside. You should try and get the court to set it aside without a formal application or fee. Send the original defence with a letter saying exactly when and where you posted it and ask the court to use its inherent discretion to set aside the default judgment. Worth a go. You can't let this go beyond the payment deadline otherwise your credit rating will be affected.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
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