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Claim form received - extenuating circumstances

Ive been through POPLA etc. and received a letter to settle out of court for £70.

Claim form received. But it was sent to the wrong address, I updated them that I had moved but they sent it to my prior address, well over the time I would be able to reply by, I did not receive the post until today after I returned from a sabbatical abroad and my old address contacted me.

Would this invalidate their court claim if it was sent to the wrong address and went out of timescales?

When I called the automated line it still said the balance on my account is £70. I'm considering just paying it.  I have an argument that their claim is wrong, but im not sure I would win.
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Comments

  • KeithP
    KeithP Posts: 37,497 Forumite
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    You use the words 'them', 'they' and 'their' but do not tell us who 'they' are.

    What is the Issue Date on your Claim Form?
  • CookwiththeE
    CookwiththeE Posts: 11 Forumite
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    KeithP said:
    You use the words 'them', 'they' and 'their' but do not tell us who 'they' are.

    What is the Issue Date on your Claim Form?
    Im trying to be abstract in case they monitor this site. 

    Is it essential for me to say who?

    Issue date is from over 2 months ago.
  • KeithP
    KeithP Posts: 37,497 Forumite
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    edited 15 February at 6:29PM
    As the Claim is so old, it is now quite likely that you have a default County Court Judgment against you.
    You might want to ring the CNBC - number on your Claim Form - and check that.

    You will then need to consider setting aside that Judgment and thus give yourself an opportunity to defend yourself.

    Almost certainly 'they' monitor this site. What harm do you imagine with them seeing their name here?

  • CookwiththeE
    CookwiththeE Posts: 11 Forumite
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    Not sure how quite helpful you are Keith. Quite passive aggressive in fact. Maybe you are one of them. 

    Indeed the main point I was asking is that, I had updated them my new address but they continued to send post to my old address which I do not have access too. 

    Further, when I called their line it still said £70. That indicates to me it has not yet gone to court. 
  • Kim_13
    Kim_13 Posts: 2,371 Forumite
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    Not sure how quite helpful you are Keith. Quite passive aggressive in fact. Maybe you are one of them. 

    Indeed the main point I was asking is that, I had updated them my new address but they continued to send post to my old address which I do not have access too. 

    Further, when I called their line it still said £70. That indicates to me it has not yet gone to court. 
    Advice here is to update the address by email to their Data Protection Officer, instructing them to remove the old address. Presumably because if it is not done in this specific way, these scammers have no qualms about sending it to the old address because they know they can get a default judgement that way and not have to go to court with a case that they may well lose. 

    If Keith was one of those, he would not advise applying to set aside the judgement (if there is one.) It’s a fact that they could have obtained one by now, given the time that has elapsed.

    If the CNBC says there is no judgement - I wouldn’t rely on it still says £70 - then given that a default judgement could be imminent, it might be worth paying to avoid that. Others here are more experienced than me and may have a view on that.
  • CookwiththeE
    CookwiththeE Posts: 11 Forumite
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    Kim_13 said:
    Not sure how quite helpful you are Keith. Quite passive aggressive in fact. Maybe you are one of them. 

    Indeed the main point I was asking is that, I had updated them my new address but they continued to send post to my old address which I do not have access too. 

    Further, when I called their line it still said £70. That indicates to me it has not yet gone to court. 
    Advice here is to update the address by email to their Data Protection Officer, instructing them to remove the old address. Presumably because if it is not done in this specific way, these scammers have no qualms about sending it to the old address because they know they can get a default judgement that way and not have to go to court with a case that they may well lose. 

    If Keith was one of those, he would not advise applying to set aside the judgement (if there is one.) It’s a fact that they could have obtained one by now, given the time that has elapsed.

    If the CNBC says there is no judgement - I wouldn’t rely on it still says £70 - then given that a default judgement could be imminent, it might be worth paying to avoid that. Others here are more experienced than me and may have a view on that.
    Thanks I will do that, but I will use as my defence that they did not send it to my updated address which I made them aware of prior to their court claim. Whether that stands or not, who knows. 

    If I have received a claim form, does this mean they paid a fee to the court to already? If so, I don't believe the £70 being paid via their phone line is genuine to close this case as they have already spent money on a claim form if so.
  • KeithP
    KeithP Posts: 37,497 Forumite
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    Good luck. I'll leave you to it.
  • Coupon-mad
    Coupon-mad Posts: 131,167 Forumite
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    edited 16 February at 12:09AM
    @CookwiththeE why not just log into MCOL using the Claim password tonight, or in the morning?  The history will say if you have a CCJ and the date of judgment.

    If that date is over 30 days ago DO NOT pay because that doesn't remove the damage. 
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  • @CookwiththeE why not just log into MCOL using the Claim password tonight, or in the morning?  The history will say if you have a CCJ and the date of judgment.

    If that date is over 30 days ago DO NOT pay because that doesn't remove the damage. 
    I do not have a claim password, just a claim number. I tried looking on MCOL but it only shows how to make a claim. Thanks for response.
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