Lost court case due to not sending claim form

Robert87999

I received a letter a few days ago saying that I have lost the appeal from court because I did not send the claim form. Which form are they talking about and I don’t think I received any forms ? They’re asking me to pay £270. Do I pay it or can I challenge it because I haven’t received a claim form. Also if I was to pay, can I pay by postal order or cheque ? Thank you 

Ralph-y

OK who sent the letter?

if it looks like it came from a court then ring to check.

what is the address on your v5 logbook ... check do not guess.

further info found here

the newbies thread/discussion

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou/p1
make sure you start at the first page not last 

Oh and if you are using a phone to browse then you will strugle on this forum .. laptop/pc please

Ralph

D_P_Dance

I received a letter a few days ago 

From whom?  Most/many of those your questions are answered in the newbies, please read them.

FWIIW, you need to take this seriously, these companies ruin lives.

nosferatu1001

Do you have a Order for Judgment in Default? 
Use the exact title, and tells us precisely where it came from, because wwhat y ou have matyters
We also need to know, if it is a default judgment, what the date of judgment was. PRAGMATICALLY paying within 30 days of that date, if possible, resaults in the CCJ being removed. You then have a little time to work out if a set aside makes sense for you

Robert87999

Hi, it is a default judgement from county court business centre. The letter states “ you have not replied to the claim form. It is therefore ordered that you must pay the claimant £170.84 for the debt and interest to the date of judgement and £100 for costs. “ 
the letter doesn’t state the date the judgement was made but the letter was issued on 11 FEB 2021. What should I do now ? Can someone help me as I don’t want a bad credit score history ? 

Fruitcake

This means a court claim was made against you, you didn't respond so the claimant obtained a default judgment against you.
Have you moved home and failed to update your address on your V5C? It's possible the scammers didn't try to contact you until after you moved even if you did update your V5C details with the DVLA.

You can either pay up or apply for a set aside, but you only have a few weeks to do so. Details on how to do a set aside are in the NEWBIES.

Robert87999

Hi, I haven’t moved house and the address is the same on the V5C but what if the letter got lost in mail? Sorry but I’m new to this what does set aside mean? If I apply for it will it affect my credit score? Does the time to pay off the fine start from the date the letter was issued or when the judgement was made ? 

Coupon-mad

Read the NEWBIES thread please - there is a section about setting aside a CCJ but if you actually ignored a court claim, then DO NOT LIE ABOUT NOT RECEIVING IT - if you buried your head in the sand re a court claim (or thought it 'looked fake - it wasn't...) you should just pay the thing in full and you will not get any CCJ as long as you do so within 30 days.  Read the Order, it tells you this...

Robert87999

Okay so once I pay the court claim in full , I still need to set aside a ccj? 

Coupon-mad

No, I told you to read the Order and I told you the deadline. 

You ignored a court claim you could have defended, didn't you? Now you are going to pay and sponsor the scam and fund the next PCNs and their business model.  Ouch...

nosferatu1001

OP you need to stop responding so fast. Take a breath and read whats been given
1) Did you get a claim form? Yes or No. 
2) Check your V5c. Dont guess or assume. Check it. Is your address absolutely correct?
3) The time to pay goes from date of judgment, so you have to assume 11th feb at latest. 30 days max to pay to ensure you do not get a CCJ recorded on your credit file
4) You have a choice to make; personally, I would pay, in full, now. NO DELAYS. NO PAYMENT PLANS. FULL. Dire3ctly to the claimant.
My rationale is thus:
 - A set aside will cost you £255 without claimant consent, £100 with, all upfront
 - Judges are loath to refund that cost unless you can show the claimant was at fault. If your V5c is mostly correct but has a mistake that the postie corrected at the time, but maybe didnt for the claim form, the claimant isnt at fault - you are. The address on the V5c is your responsibility to keep up to date
 - so at this point you are likely £255 down, and still have a claim to defend. For £170 judgment cost that makes no sense