jaadaj wrote: »
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?
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