No Summons but Judgement ordered

Quentin · 31 May 2019 at 11:49AM

You already have a ccj against you, so remove that for a start.

Lynxy · 31 May 2019 at 11:54AM

Quentin wrote: »

You already have a ccj against you, so remove that for a start.

Oh really? I thought once the CCJ is paid within 21 days, nothing is recorded on your credit file. Perhaps I have been misinformed.

Quentin · 31 May 2019 at 12:35PM

Yes. Misinformed

The judgement gets registered immediately and remains on the register for 6 years unless it is paid off in full within a month of the judgement (or the defendant is able to get it set aside)

Lynxy · 31 May 2019 at 12:59PM

Quentin wrote: »

Yes. Misinformed

The judgement gets registered immediately and remains on the register for 6 years unless it is paid off in full within a month of the judgement (or the defendant is able to get it set aside)

Ok, this is what I am worried about. Will this letter be suffice or shall I prepare a set aside in the mean time?

BrownTrout · 31 May 2019 at 1:39PM

Tbh I dont think the email will cut it..if it were me I would ascertain first of all did the court send out an order for the hearing
I think you will need to do a set aside but I feel this may be a struggle

Coupon-mad · 31 May 2019 at 2:08PM

Lynxy wrote: »

Do I send this to Uxbridge CC or CC in Central London where the trial took place? Or Both?

Dear Uxbridge County Court,
FTAO Recorder Gallagher,

I am writing this letter with reference to Claim XXXX in which I was served a judgement in absence. It was my full intention to attend the court and defend the claim as I have requested to Uxbridge County Court. Please see my email dated xxxxx to the court clerk which requests to have my day in court. This was my perseverance as the claimant requested a trial by letter and but I wanted to stand before a judge and present my statement and evidence.

It would have been meaningless to have made this request and to not attend. I received a letter confirming that I will be allocated a court date but I have heard nothing since and believe the court's administration has fallen into error. As such, I ask that the order be rescinded, and directions sent out regarding a hearing.

I would be grateful if there is some urgency placed in this letter. I look forward to your reply for an immediate resolution.

Personally I wouldn't email it, or if you do I'd also post a signed/dated version.

IMHO you need to say something like this, and URGENTLY post & email it:

IN THE COUNTY COURT AT UXBRIDGE
CLAIM No: xxxxxxxxxx

BETWEEN:

UK CAR PARK MANAGEMENT LTD (Claimant)

-and-

xxxxxxxxxxxx (Defendant)

Re: Judgment in Default - omission in court procedure - urgent

Dear Recorder Gallagher,

I was alarmed to receive a Judgment in Default regarding the above defended claim. I believe the order was premature and I was not given an opportunity to attend a hearing or submit any evidence or my Witness Statement.

I was not sent any information regarding a hearing date and it is my belief that there was an omission by the court, in failing to inform me that a hearing was to take place, which I would certainly have attended. I was awaiting the court's next communication regarding the hearing and directions.

The last communication I had received before the Judgment in Default was the xxxxxxxxxx xx xxxxxx dated xx/xx/19.

In the interests of justice I respectfully request that the matter is investigated. In the absence of any notice of hearing having been served to me, I ask that:

(a) the initial hearing attended only by the Claimant be treated as a preliminary hearing, and

(b) the order for judgment in default be stayed or withdrawn, and

(c) a new hearing date be set for both parties to attend, and

(d) there be no order for costs against the Defendant for the first hearing.

Given that I will otherwise need to apply for the judgment to be set aside, at significant financial cost to myself, time is of the essence and I respectfully ask for this matter to be resolved within seven days of this communication so that I can make an informed decision.

Name

Signature

Date

Also send a copy to the Claimant by email.

Chase this up next week with a phone call to the Court Supervisor as the matter is urgent, and time bound due to you having to make a decision about a set aside if they fail to address this error.

Don't miss your date to set aside if you HAVE to do that.

Lynxy · 31 May 2019 at 2:14PM

:sad: Do you mean that the set aside will be a struggle? I dont know what else to do.
Uxbridge CC is impossible to get hold of, I was on hold for an hour before I gave up, tried yesterday and today. I will try emailing in.

I rather pay the £500 fine for UKCPM than pay another extra £255 for a set aside which by your advice will be a struggle.

Lynxy · 31 May 2019 at 2:16PM

Coupon-mad wrote: »

Personally I wouldn't email it, or if you do I'd also post a signed/dated version.

IMHO you need to say something like this, and URGENTLY post & email it:

Also send a copy to the Claimant by email.

Chase this up next week with a phone call to the Court Supervisor as the matter is urgent, and time bound due to you having to make a decision about a set aside if they fail to address this error.

Don't miss your date to set aside if you HAVE to do that.

Thanks for this

Coupon-mad · 31 May 2019 at 2:16PM

As posted above, get that sent today by email & post. Can do no harm!

NEVER rely on mere emails to your court; they don't like being bombarded with emails, in my experience. You have to be more formal, hence posting a signed letter.

Send a copy by email to Gladstones as well.

Chase this up next week with a phone call to the Court Supervisor, say on Tuesday.

BrownTrout · 31 May 2019 at 2:32PM

If you email put it title. For urgent judges attention . I would once emailed then ring the court and ask them to allocate it to the judge asap
I just think you will struggle to get this set aside

No Summons but Judgement ordered

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