DCBI CCJ (£1000+) Set Aside

nosferatu1001

So it went to the right address?

nosferatu1001

nosferatu1001 said:

So it went to the right address?

and what about the second letter, the letter you ALWAYS get which says notice of judgment in default? That would have been sometime around 19 days after the claim wass ISSUED

henrik777

Also 9/1 this year ?

sophie160207

The only correspondence I have received relating to this matter is from DCBL. No letters from CCBC themselves. My parents do not throw away my mail and now open it so, if it had been received, they would have a). kept it until I went home and b). opened all of my mail since receiving the final letter from DCBL on Friday. They have not had any such letter from CCBC come through. i am urgently putting together my N244 including a stay of writ.

henrik777

So you confirmed that they sent to your parents address ? 

Ask the court to email copies.

nosferatu1001

You were told to confirm the address. Was the address on the claim form correct?
DO you understand the issue we are highlighting? TWO pieces of post going missing is harder to explain than ONE

sophie160207

I have spoken to another person at CCBC who was very helpful. She explained the following:
The first letter from CCBC was served on 9th January
CCBC then sent out the default judgement letter on 27th January.
I checked the address - it was my parents' address. I asked why I did not receive them and the person I spoke to explained that, whilst not common, it has happened before.

henrik777

Lost post is a pain. It's hard to prove and people are sceptical when it would suit you for it to go missing (it would for a set aside but it doesn't from the point of view you've got a mess to clean up). When it's 2 pieces of mail people are even more sceptical.

Ask the local sorting office if they are aware of local issues ?

As an aside, if the default judgement was 2021 then you'd still be in time to pay without it having an adverse effect on your credit rating. It's a fair chunk of money though.

sophie160207

Thanks Henrik. Yes, it's a bit of a nightmare as I can see how it looks but, as you said, it's become a lot messier than it would have been if I had received them. I have been reading up about Royal Mail issues and there seems to be quite a lot. However, since I've received post from DCBL I don't understand why court papers wouldn't have been delivered.
Yes, at the beginning, I was leaning towards just paying it off but, after collating all the evidence I have, I feel I have a strong defence of the claim. It's now the issue of having it set aside in the first place which is making me lean towards paying it off. It's all very distressing.

henrik777

If you can afford it, I'd pay it off but still apply for set aside. Save credit issues in mean time.

But it's far from essential.