UKPC- No contract- Default Judgement

Quentin

To fight it she first needs it set aside. Has she grounds to?


(If she decides to pay then she needs to ensure the claimant gets cleared funds before the month from the date of the ccj is up)


Once set aside then it's up to the claimant to decide whether to have another go which she would this time fight!

hasitbeen

OK. So If I am correct. If my daughter pays up then its cleared (as long as UKPC get there money before the 28 days)

If she decides to fight it and loses what happens then?

Coupon-mad

Unless she qualifies for assistance with court fees, she would be £255 out of pocket for the set aside hearing fee (which if she wins, she could claim back from UKPC among her not insignificant costs schedule). And also if she lost at the substantive hearing she would then have to pay the charge and their smaller court fees, maybe an extra £50 - £75 on top of the £100 charge, that's all.

The NEWBIES thread explains sets asides and what to do. She would need to explain why she couldn't respond in time to the claim, and show she has over 50% prospect of successfully defending the claim anyway, which it sounds like she can show. She could also point out the unreasonableness of UKPC firing claims at her (and you) like a conveyor belt, one by one, despite a Judge already having decided there is no contract that could have been breached.

She could suggest to the Judge at the set aside hearing, that their conduct is abuse of the court process and that they never had a lawful excuse to even bring this claim, knowing as they did that they had no prospects of success, but hoping to catch her out by filing them separately. She could then see if the Judge will order her £255 refunded immediately...it does happen.

And you've won twice before, and posters who stick around here win 99% of the time. Yep, 99% win rate.

hasitbeen

Where is this Newbie FAQ I cant seem to find it! you guys have been a great help. Thank you

Coupon-mad

You've just asked that question under the coloured words of my signature - look again...

And I am a lady, not a guy, but we do our best here to help!

hasitbeen

It's been a long week.....

Quentin

hasitbeen wrote: »

If she decides to fight it and loses what happens then?

Apart from having to pay the amount ordered in the judgement (or risking enforcement proceedings if she didn't), she would lose the £255 set aside fee and have to pay any allowable expenses should the claimant attend the set aside hearing.


And the ccj remains on the register for 6 years

jkdd77

If the OP gets the set-aside, but then loses at the substantive hearing, she would not end up with a CCJ provided the amount ordered to be paid was paid within the required timescale.

hasitbeen

OK you people are fantastic. I think she wants to fight it. She doesn't mind paying the £255. Even if she loses as long as she pays the required amount she won't have a CCj against her name

Does anyone have any advise as to how to stop UKPC from taking her to court again and again for the same reason?

Coupon-mad

Put it into the WS (the one in support of the N244) this time, protesting clearly about the issue and state that UKPC are abusing the court process.

State that, if this CCJ case - once set aside - is to be re-listed for a hearing, even though UKPC have already lost another case on exactly the same facts, she asks that the Judge exercises the court's case management powers by requiring this claimant to seek permission of this Judge before filing any more claims on this Defendant, that turn on the same facts.*

This was done, in a similar way, in a case of Lamilad's where Excel kept on drip-feeding claims against him until the Judge warned them off, IIRC. Lamilad is a poster here and he will recall exactly what was said and the words he used to stop them.




*the Judge may not agree but it needs airing, and if she doesn't ask, she doesn't get.