CCJ - likely to get set aside?

jaadaj

The response was due on the 31st of July I opened it on the 8th of August... before the CCJ was issued but too late to stop it.

[Deleted User]

It’s your own negligence and disorganisation which has caused the issue. If you had a third party to blame (postal service, weather, etc) might help.

fatbelly

jaadaj wrote: »

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

You should be OK

You meet two of the three tests. Some reason why you missed the court claim letter and that's the third test.