Judgement for claim default

Lioness786

HI all,

This morning I received a judgement for claimant (In default ) from the county court saying I owe the £x as I had not replied to the claim form.

However, I did not receive a claim form......

It had no date on there on when to pay either...

Please advise.

The_Deep

Was this car park related?

Johno100

Lioness786 wrote: »

HI all,

This morning I received a judgement for claimant (In default ) from the county court saying I owe the £x as I had not replied to the claim form.

However, I did not receive a claim form......

Please advise.

Is this related to four other threads you started re PCM/IAS/Gladstones?

https://forums.moneysavingexpert.com/discussion/5707550
https://forums.moneysavingexpert.com/discussion/5717240
https://forums.moneysavingexpert.com/discussion/5726208
https://forums.moneysavingexpert.com/discussion/5721775

waamo

Post 2 in the Newbies thread covers court and set asides. You will need to convince the court that you didn't receive the paperwork. Given you clearly had other letters from Gladstones that may be an uphill struggle.

You have 28 days to pay it. If you are paying do it ASAP.

Lioness786

Yes It was for parking and yes its related to one of my other threads. Am so annoyed as was prepared to fight this and know we could have won.

The Judgement for claimant is dated 06 Feb. If paid within 28 days does It wipe the CCJ? (Do not see the point in paying £255 to have it set aside).

nosferatu1001

So then you add this to the actual thread it relates to!

If paid within 1 month (not 28 days) the CCJ is removed.

Paying £255 is a fee you get back.

waamo

If paid in time the ccj is wiped. If a set aside is granted you usually get the £255 refunded.

Did all the previous correspondence go to your correct address? As I said before if it did you might have a hard time convincing a court you didn't get the paperwork.

If there were errors in the address previously that would be good evidence to use for a set aside.

System

Another factor not to be discounted is whether a CCJ would have a material effect on your life e.g. loss of job or home.

Some judges even if you've been an ostrich and ignored paperwork will agree a set-aside on the basis you pay the claimant.

Lioness786

I would move to one of the other threads but I just realised those relate to another fine I received which I appealed to the IAS and lost. I do not remember in all honestly receiving any paperwork for this fine, although I received paperwork for the other fine from the same solicitors.

If I work the dates backwards, the court papers would have had to have been sent around the beginning of Jan. If I am not granted a set aside do I pay the £255 plus £265?

Is not receiving court papers a good enough reason to get a set-aside.

nosferatu1001

Yes, of course not haing received a claim form is a good reason to get a set aside. if there was no form received, then you were not given a chance to defend.
Yes, if you fail you still need to pay up.

System

Is not receiving court papers a good enough reason to get a set-aside.

Yes. Defendants are entitled to know what they are defending. Companies sending claims to old addresses is known as a scam and the Government are looking into it - especially for parking companies

https://consult.justice.gov.uk/digital-communications/default-county-court-judgments-2/