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Thread: Lowell v shirlthegirl's hubby

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  1. #26
    Amethyst's Avatar

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    Default Re: Lowell v shirlthegirl's hubby

    Okay, in which case the court saying you didn't respond to the claim is wrong, however you've got default judgment because you didn't file a defence in time. The acknowledgment was actually out of time too ( max is 17 days from issue but you got away with that) .... The issue date is the 1st Sept so after acknowledgment your Defence date was 4 October 2017 - and they've gone straight in for judgment after that.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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  2. #27
    Amethyst's Avatar

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    Default Re: Lowell v shirlthegirl's hubby

    Soooooooooo options, you can apply to set aside the default judgment, but tbh this will cost you £255 which you wouldn't get back ( as it's your fault not the claimants that you got a default judgment ) so doesn't really seem worth it against a £351.49 judgment - plus there is potential for costs if your application fails and you can't show you have a reasonable prospect of success at defending the claim. Can you make the payment within 28 days ? ( stop the CCJ going on the register & your credit file )
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  3. #28
    shirlthegirl's Avatar

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    Default Re: Lowell v shirlthegirl's hubby

    Thanks for that Amethyst. Bummer but there we go. We forgot about the defence to the court bit!

  4. #29
    shirlthegirl's Avatar

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    Default Re: Lowell v shirlthegirl's hubby

    Is there a checklist anywhere of the time and order to do things in please? Hope I will never need it but would be handy.

  5. #30
    Amethyst's Avatar

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    Default Re: Lowell v shirlthegirl's hubby

    Very basics are;
    Acknowledge Claim - within 14 days from Service ( 3 days allowance for postage - so 17 days from Issue )
    Defend Claim - within 28 days from Service ( 5 days allowance for postage - so 33 days from Issue )

    Might add them to the info section at the top of the forum actually, so they are a bit more prominent.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  6. #31
    shirlthegirl's Avatar

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    Default Re: Lowell v shirlthegirl's hubby

    And defence of claim would just be writing to the court to say you have requested things but heard nothing?

  7. #32
    Amethyst's Avatar

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    Default Re: Lowell v shirlthegirl's hubby

    Pretty much - here's the basic standard defence template we tend to use >> Example Defence
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  8. #33
    warwick65's Avatar

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    Default Re: Lowell v shirlthegirl's hubby

    Quote Originally Posted by Amethyst View Post
    Very basics are;
    Acknowledge Claim - within 14 days from Service ( 3 days allowance for postage - so 17 days from Issue )
    Defend Claim - within 28 days from Service ( 5 days allowance for postage - so 33 days from Issue )

    Might add them to the info section at the top of the forum actually, so they are a bit more prominent.
    When did that change?

    It also seems absurd that from the same document you are only allowed 3 days for service on acknowledgment and 5 days for entering a defence ?
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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