set aside judgement

henrik777

somebody-please-help! said:

It's my address and it's correct

It is quite strange that the initial love letters got to you but neither the claim form nor the default Judgment did. If the address is 100% then a mandatory set aside is off the table.

If you can convince a court you didn't get the court documents that would meet the criteria for a discretionary set aside but as the claimant did  nothing wrong on that score, getting costs might be trickier.

Le_Kirk

Have you actually received a letter from a court or from CCBC to tell you that there is a default judgment in place?  If so, what is the deadline for paying it?  With an issue date of 5th June, it seems very quick to get to the point you say you are at.

somebody-please-help!

Claim form got to me, just a month and half late. Today a judgement for claimant has arrived, dated 29th June.  

Coupon-mad

Well as the claim form didn’t arrive for SIX WEEKS and in view of the sum of money and good prospects of defence (and removing the false enhanced costs) Id be applying to set this CCJ aside as I explained already, step by step. 

henrik777

Any sign on the paperwork or envelope of the date it entered the postal system ?

somebody-please-help!

Ok, sorry for the late response. Had the judgement set aside. Have a hearing coming up, so now to put my case together.

D_P_Dance

Read this and complain to your MP. Mrs May did nothing.

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

Coupon-mad

somebody-please-help! said:

Ok, sorry for the late response. Had the judgement set aside. Have a hearing coming up, so now to put my case together.

That was extremely quick and before the case was even allocated locally.  Very interesting.  Can you show us the email or Order confirming the default judgment was set aside within weeks?

Very well done on achieving that - we need to see what happened.

Did you have to pay an application fee or did the CCBC admit that a batch of claims were not sent for 6 weeks?!

somebody-please-help!

Dam, I just wrote a huge message here but as I'm doing from a phone, clicked back or something by mistake and it went.

I probably won't do such s long essay this time.

Anyway, I spoke to Northampton county court about a week ago, the lady said because it had been passed to debt collection I could apply for something called a stay the writ and set judgement aside and would only cost £15 because it had gone to bailiff. I needed to fill out one of them n244 forms and have it posted back. As was running out of time and way with royal mail and how they work sometimes I knew this was only going back special delivery.

Next day I rang Northampton again for update to see if they had received, they said yes it had been received and passed onto my local Romford county court. I called Romford they said all accepted and hearing date will probably be a few months.

Fast forward to today and hearing came in the post for middle of August.

somebody-please-help!

Oh one last thing I want to add.

So the debt went up to some silly amount with bailiffs.

When speaking with someone from Northampton county court over the phone the lady was very helpful in telling me first not only was the cost going to be only £15 but should the event the judge from the Romford court decide against me all I would to pay would be the original amount before it went to bailiffs.

I then also had a phone call today from the parking company to see if I would be happy to pay a lower amount and save it going to court.