Judgement for Claimant (in default) received.

Juliansnemesis

@Le_Kirk,

The £350 was claimants costs for preparing for the set aside hearing.

The reason for my set aside application was that I didn't receive the original claim and response pack and so was unaware that a claim had been filed against me until I received the judgment in default in January. I argued that the claimant lodged the claim during the postal strikes in December but the judge didn't even comment on any of that? I also wanted to show that I had a good prospect of defending the claim so I outlined my defence and he zeroed in on that and decided I did not have a good prospect of defending the claim. 

JN

Boat_to_Bolivia

Fruitcake said:

... and get your MP involved. Questions should be asked in the house why so many victims are being given CCJs following a judgment in default due to what appears to be an endemic problem with the court system.

Contact the secretary of state for the MoJ and ask the same question. People's lives are being ruined due a problems with a government system.
While you are at it, ask why emails etcetera sent to for example the CCBC outside normal working hours are going missing/not being received/acknowledged, and defendants are being given CCJs for failing to respond to court mandated deadlines when in fact it is the court system itself that is the problem.

Even more reason now to follow @Fruitcake advice earlier in your thread.

I think you have been incredibly unlucky in all aspects of your case.

Coupon-mad

This is appalling.

There was no valid reason to award costs against you either.  You didn't act unreasonably.

Sounds like the Judge didn't consider CPR 13.2 for a mandatory set aside, due to the claim never being served.

Boat_to_Bolivia

Coupon-mad said:

This is appalling.

There was no valid reason to award costs against you either.  You didn't act unreasonably.

Sounds like the Judge didn't consider CPR 13.2 for a mandatory set aside, due to the claim never being served.

@Coupon-mad is there really no recourse in these circumstances.

It's not just the money, it's the fact the OP has had their credit rating trashed for 6 years.

That could be life changing and all because of a speculative invoice from a rogue PPC and an incorrectly served claim. The icing on the cake being a very unsympathetic Judge who doesn't appear to have full grasp of what has happened here.

These parasites not only get the money they get to destroy lives too.

It is utterly despicable and makes me feel sick.

Tron103

Hi! I’m so sorry to hear your outcome. It sounds utterly unfair, particularly given no route to appeal (I can’t get my head around this).

Can I ask if the claim was issued to the correct address and not received? Or lost in post given the strikes and subsequent chaos?

Juliansnemesis

@Boat_to_Bolivia,

I have been in contact with my MP and their case workers in regards to these claims. I have sent them an email updating them on the result of today's hearing.

@Coupon-mad,

If he did consider CPR 13.2 he certainly didn't raise it when we entered the hearing. I keep thinking about the things I didn't say but it was all there in my statements and it was clear he had read them as he referred to sections of it when asking me questions. He quite quickly honed in on making his decision based on whether he hekt I had a reasonable chance of defending the claim and decided I didn't. Not sure where to go from here. 

What do you guys think about how this will impact other claims they have against me as they are all effectively the same argument? 

Can they revive claims they have discontinued? 

JN.

Juliansnemesis

Hi @Tron103,

Sorry I hadn't refreshed my feed when I posted earlier so hadn't seen your message.

The claimant and the courts both had my correct address. I received the judgment in default at my correct address. 

I never received the original claim and response pack. I am only assuming that it got lost in the chaos of the postal strikes. 

JN

Juliansnemesis

@Boat_to_Bolivia,

Re my credit rating, I thought that the judgment was frozen pending the set aside hearing and as long as I now pay that fee then it will be wiped from my records? Is that not the case?

JN

Coupon-mad

No, I am afraid it's not. 

Juliansnemesis

I've just checked my credit rating on Experian and it is 'poor'. 

Absolutely gutted. This is the first time I've ever had any issues with it. 

In hindsight should I have paid the judgment in default at the time rather than waiting until the set aside hearing had been decided? Or would that have effectively been an admission of guilt?

Finally I suppose I'm wondering whether I have any recourse for appeal? If I believe the judge didn't review the evidence properly for example? Or misinterpreted some things. 

JN