Default Judgment

PeanutDad

Hi, I received a cc claim letter and did an online acknowledgement of service. After doing the AoS I couldn't log back into the moneyclaim website as it wouldn't recognise my password and nor would it slow me to change my password. I got in touch with ccbc who took over 3 weeks to reply to confirm my aos was received. A day after I got their response I received a default judgment! Do you think there are grounds for a set aside request as I couldn't log in to submit my defense? Thanks

KeithP

Is this related to any of your earlier threads - none of which reach a conclusion?

PeanutDad

No this is a new one 😪

Fruitcake

It is probably grounds for a set aside, but I think you should contact the CCBC to find out what went wrong. I'm sure it is possible to get the judgment reversed and the clock reset by the courts.

Umkomaas

What happened to your court case with Parking and Property Management?  You seem to want lots of advice from the forum, but in return you provide little feedback. Without feedback we have no idea if our advice is working. 

Which parking firm and which solicitors are you up against this time?

Le_Kirk

PeanutDad said:

I couldn't log in to submit my defence defense? Thanks

You are very lucky then because the advice in the NEWBIE sticky and in the template defence is NOT to submit a defence via MCOL as it destroys the formatting and allows only 120 lines.  Defences are sent by e-mail to CCBC

PeanutDad

Hi, I appreciate the help I have received from this forum and while I do provide feedback I admit I have failed to do so lately. 

It's the same company i.e.property and parking management.

PeanutDad

Ohh and the solicitors are bwlegal

PeanutDad

A quick update - I called CCBC and managed to get through to one of their staff. They told me that my AoS was received and that they acknowledge that I couldn't log into mcol but in response to my Emails they had pointed out (in their response emails) that I could submit my defence via Email. According to the person I spoke with, I had sufficient time to submit a defence and because I hadn't done so, the claimant applied for a default judgement against me. Hope that makes sense!

I have been told that I have till the 8th of September to pay the amount and have CCJ removed from my records.

They also said that I could apply for a set aside by filling out a form and paying a fee.

Do I have solid grounds for a successful set aside or does it seem like I will end up paying £275 for the application and still owe £277 to the solicitors?

PeanutDad

@fruitcake the lady I spoke with said the only person who could remove the CCJ was a judge (can't remember which type!)

PeanutDad

@KeithP @Umkomaas - What happened with the previous case involving parking a property? Well I did submit my defence, had a hearing but the judge ruled in favour of BW Legal as I did not submit any evidence! I just did not feel comfortable sharing that .. I guess out of shame of losing (despite all the help I got)!