CCJ - likely to get set aside?
jaadaj
Forumite 6 Posts
Hello-
I received a money claim in the post but, as it arrive in an unmarked white envelope and was not expected, it was not opened until about a week after the deadline when I was clearing out junk mail. At which point I replied immediately.
The claim was for libel, which is not allowed in small claims court unless both parties agree and I was not expecting it as no correspondence was sent about resolving the potential money claim before hand.
I was notified that I had a CCJ a few days after I sent the defence and I filed a N244 within 24 hours to request a set aside. It has now been sent to district court for a hearing to be scheduled.
My concern is that this has already demolished my previously pristine credit and you only have 30 days to definitively clear it.
I do not owe the rather large sum money but am worried that, if the court does not set aside on the basis that I was late regardless of whether the claim is valid, I will have to live with the damage.
How strict is the court in upholding default judgements if you can show that you had a solid defence for the claim, were not notified by the claimant beforehand for resolution, but were delinquent in opening your post in a timely manner?
Thank you
I received a money claim in the post but, as it arrive in an unmarked white envelope and was not expected, it was not opened until about a week after the deadline when I was clearing out junk mail. At which point I replied immediately.
The claim was for libel, which is not allowed in small claims court unless both parties agree and I was not expecting it as no correspondence was sent about resolving the potential money claim before hand.
I was notified that I had a CCJ a few days after I sent the defence and I filed a N244 within 24 hours to request a set aside. It has now been sent to district court for a hearing to be scheduled.
My concern is that this has already demolished my previously pristine credit and you only have 30 days to definitively clear it.
I do not owe the rather large sum money but am worried that, if the court does not set aside on the basis that I was late regardless of whether the claim is valid, I will have to live with the damage.
How strict is the court in upholding default judgements if you can show that you had a solid defence for the claim, were not notified by the claimant beforehand for resolution, but were delinquent in opening your post in a timely manner?
Thank you
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Replies
Why do you feel you don’t owe it?
According to CPR 53 2.9.1 defamation claims cannot be pursued in small claims court unless both parties agree.
There is no proof of serious harm cited and no contracted compensation was on the line. There was no description of how the amount cited was calculated. All information discussed was based on statements and documentation provided by the claimant which were reproduced for the investigation.
If you are concerned about the impact of a CCJ to your future, I would pay it with the 30 days.
If the judgement is set aside and you go on to successfully defend the claim - then you can claim the money back.
If the set aside isn’t granted, then at least you won’t have the CCJ on your file for 6 years.
As to whether or not the set aside is granted or not - you’ll have to wait to find out.
If I understand correctly, if I pay the money to the individual and the CCJ is set aside and defended I would have a legal right to claim it back?
Or would that be up to luck?
Two tests for a successful set aside application.
(1) Did you recieve the court papers ?
(2) Do you have a defense with a reasonable chance of success ?
You must be able to say no to one, and yes to two, otherwise your wasting your time and money.
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If you believe the learned judge has made a serious error in correctly interpreting the law or has exceeded his authority, why would someone with such an obvious understanding of the law, attempt to have this matter set aside, only to leave you to still defend the matter.? :huh:
Just make an application to appeal the erroneous (in your opinion) judgement.
Looking forward to reading about your successful appeal in the national press.
When are the schools back again?
I am unclear on whether this is a joke but a default judgement does not involve an actual judge making a decision. It is administratively executed online and you only see a judge if you request it to be set aside.
Therefore my question was regarding what a judge would consider when hearing the circumstances for the first time. 1) procedure wasn’t followed with notification before claim therefore I did not discover the claim until too late but i did attempt to defend. 2) this type of claim is not adjucated in county court unless both parties agree and I categorically did not agree.
Just to clarify - how long exactly was the period between you getting the letter and you opening the letter?
From what you've said it must be several weeks.