Judgement for Claimant (in default) but I have replied

norbs22

Hi Everyone,

This message is AI-assisted to ensure clarity and conciseness, so please don’t be offended by its tone. I need help with a default judgment issue.

Background:
My business went into liquidation, leaving me with several personally guaranteed loans. I’m working with debt recovery agencies to delay or write off these debts while I explore solutions.

Current Situation:

One agency was pursuing me for £9,000 (interest remaining from a £63,000 loan with Capify). While I was actively communicating with them, they sidelined me and Capify issued a money claim, which I received on August 28, 2025 (deemed delivered September 2, 2025). When I asked about it, they misled me for about a week before informing me the matter was no longer with them.

I contacted Business Debtline (I already had an open case with them due to the business debt), and they advised me to respond to the claim immediately. They recommended completing the admission form, budget, and offering £1 monthly payments, as I cannot afford more.
I sent my response via special recorded delivery on September 13, 2025 to the claimant (Capify), delivered September 15, 2025. Based on my calculations, the deadline to respond was September 16, 2025.
However, on September 24, 2025, I received a default judgment letter stating that a judgment was entered against me because I failed to respond to the claim form.
I contacted the court, and they emailed me two document packs (one for the company and one for me as the personal guarantor) to apply to set aside the judgment, along with a court fee.

Questions:

• Where do I stand legally in this case?
• How much time do I have? 
• How realistic is this wont show up on my credit file if its set aside?
• My credit score is already damaged, but I’m concerned about the impact of this judgment on my ability to secure tenancy or other financial arrangements in the future.
• I cannot afford to pay the full amount at this time. What are my options for setting aside the judgment or managing the debt?

Any advice would be greatly appreciated. Thank you!

norbs22

I forgot to add the Judgement letter was dated 18th September 2025. 
Thank you! 

ChirpyChicken

Ok this is not parking related but i will help anyway 
There is no point trying to set aside a judgment for something you owe unless you have a defence to any claim which i suspect you dont
Realistically if you don't own your own home and don't have any real assets there is very little ,  A CCJ even for that amount (please confirm the amount) does not mean a huge amount, 
You could get rid of all your debts via a DRO , which would simply wipe every thing but it depends on your total debt and it would no more harm since there is a CCJ on your credit file 

norbs22

Thank you for your reply. I didn't find any relevant category for this, If there is one I'm happy to repost this there.
I believe the reason why the court advised me to set aside is because the judgement says I have not replied when in fact I did. Unfortunaltey the total debts are over the DRO limit. 

ChirpyChicken

If they are over 50k you should consider bankruptcy . 
Forget setting anything aside
Work out the best way of dealing with the debt.

ChirpyChicken

https://www.stepchange.org/debt-info/bankruptcy-costs-and-fees.aspx

QrizB

norbs22 said:

I believe the reason why the court advised me to set aside is because the judgement says I have not replied when in fact I did.

From the sounds of it, though, you didn't.

norbs22 said:

... Capify issued a money claim, which I received on August 28, 2025 (deemed delivered September 2, 2025).

Was this a claim form from the CNBC? If so, you would have needed to respond to the CNBC.

norbs22 said:

I sent my response via special recorded delivery on September 13, 2025 to the claimant (Capify)

If you only wrote to Capify, and didn't file an Acknowledgement of Service with CNBC, then they're correct to say that you failed to respond to the claim form.