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Judgement for Claimant (in default) received.

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  • @Coupon-mad,

    Yes I am starting the ball rolling. 

    No i'm not going to appeal. I'm not willing to risk losing more money or spend more time trying to fight this as unfair as it is. I simply can't afford to. 

    I have already been in contact with the solicitors by phone and asked about a Tomlin order which they refused. I will email them again to see if they are willing to sign a consent order If I get the ball rolling with the courts.
  • 63realfan
    63realfan Posts: 210 Forumite
    100 Posts First Anniversary Name Dropper
    edited 14 July 2023 at 8:02AM
    Hi JN,

    I'm so sorry to hear about your outcome with the set aside. I was incredibly worried about getting the outcome you've got, I almost pulled out last minute as the stress was so much. When I had my hearing I really reiterated that I was not the only one in the same situation and that @Sasanova had been through the same as me and that there was a pattern emerging with December's missing batch of claims. We all know you did not receive that claim letter as neither did I or Sasa. The judge clearly did not consider CPR 13.2 in this case and where possible would be pushing to have that CCJ removed anyway possible. 

    I feel for you in this situation. You're not in the wrong, not sure why the judge did not consider your set aside based on the defence for the original claims - nothing to do with the set aside and the fact you did not receive the claim in January due to the postal strikes. 

    In regards to the post office complaint, I've had this lodged for 2 months and not heard anything back as of yet. I'm still fighting for the £275 back.  

    May I ask what date they sent out the claim form in December, both mine and Sasa's was sent out on the 9th. Not a coincidence it was during the postal strikes and we both did not receive that letter and ultimately both had our cases set aside. I ranted on to the judge for about 30 minutes about this and was repetitive that I could not defend a claim that I did not receive and ultimately would not ignore such a letter that could have such a detrimental effect on my credit record/life as a whole given my business and the job I was doing. What has happened is so so so wrong. Rogue parking companies winning like this and in return absolutely ruining your personal life. If anything you should at least have the CCJ removed, that's all I was mainly worried about anyway. 

    Look forward to hearing back and any updates you have - do look at my thread and the complaint templates and contact information provided by @Coupon-mad
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