Judgment for Claimant (In default)

waamo

Twice people have told you one of the options is to apply or a st aside. Questions have been asked to clarify if makes economic sense in your position.

Within a month of the judgement it is often pragmatic just to pay. You seem to be beyond that month window.

You seem to have good grounds for a set aside but we can't make that call for you. Can you live with a ccj or is it worth trying for a set aside?

Scottish_Princess

Thank you for that. I will contact the courts tomorrow. I just don!!!8217;t understand how they could have sent out a default letter when no forms allowing her to defend her position have been sent. I!!!8217;ve found some letters but no claim letter or any other letters from Court?

waamo

They sent a default judgment because they didn't receive a reply to the claim form. If you didn't get the form then obviously you couldn't reply.

That's why the set aside route exists. You have the right to defend yourself. If that right is denied then you can tell the court to have the error corrected.

Not receiving paperwork is a primary reason for a set aside being granted.

Scottish_Princess

Thank you for the info about a set aside. We will pursue this route tomorrow. Extremely grateful for all the advice, even though it may not have seemed like that. Just found it a bit of a minefield. What would be the quickest way to do this, as she only had until 16th of this month?

Scottish_Princess

Thank you everyone for the advice up to now. We hav decided to go for a set aside and have read a case on here about Civil Enforcement, which is my daughters claimant. Could somebody tell me if there is a form to fill in for a set aside, or do I just contact the court regarding this. I will use the info from this site to set out our defense. TIA

[Deleted User]

You need to apply to court on an N244. There are LOTS of threads on this, including (FWIW) some with pointers and helpful links from me. :whistle:

Umkomaas

@Scottish Princess - read carefully what Johnersh tells you - he's a lawyer.

waamo

Here is your new bedtime reading for a few nights. Read this very carefully https://forums.moneysavingexpert.com/showpost.php?p=64350585&postcount=2

Coupon-mad

Scottish_Princess wrote: »

Could somebody tell me if there is a form to fill in for a set aside

But that's all already explained in the thread I directed you to read:

despite the NEWBIES thread telling you all about the option to set aside a CCJ? Have you read the sticky thread first?

nosferatu1001

As an aside, was the address within England and Wales? I notice the "Scottish Princess" name

You have no proof documents were not *sent*, all you know is you did not *receive* them. So never say the court didnt send them, just state they were not receivd.