CCJ Set Aside Advice. Defence & Acknowledged sent in time

[Lboole]

Amethyst Thank you , would you be able to offer any help or advice?

[chareosS]

send it in writing as soon as possible to the court, without this information it is harder for you to put in a good and honest reason for setting aside, once you have this information then you can use it for reasons the judgement should be set aside.

if you get my meaning, seems strange to say the least, i am wondering if it is not the court that are in the wrong here ?

[Lboole]

I am completly new to all of this, I’m really trying to learn as fast as possible. Why do you think the court would be in the wrong? Can they strike out an acknowledgment and defence submitted within the deadlines if I couldn’t respond to the DQ due to not receiving it? I’m wondering if I should send Lowell an email to see if they will agree to set this aside whilst I work on my N224 application. They clearly are hiding something if they don’t want to even try and enforce the debt.

[chareosS]

i wouldnt contact lowell at all it is not up to them to set it aside only the court can remove a ccj ,

what i am saying is if you are going to submit an n244 to set aside then you must make a statement as to why you believe this should be set aside currently you dont really know why you have a ccj so it makes it difficult to make a statement thats why i suggested writing to the court

but Amethyst may be able to offer help and advice

[charitynjw]

https://www.justice.gov.uk/courts/pr...es/part13#13.2

Cases where the court must set aside judgment entered under Part 12

13.2 The court must set aside^(GL) a judgment entered under Part 12 if judgment was wrongly entered because–

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;

(b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied;

https://www.justice.gov.uk/courts/pr...es/part12#12.2

12.3

(1) The claimant may obtain judgment in default of an acknowledgment of service only if –

(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b) the relevant time for doing so has expired.

(2) Judgment in default of defence may be obtained only –

(a) where an acknowledgement of service has been filed but a defence has not been filed;

(b) in a counterclaim made under rule 20.4, where a defence has not been filed,

and, in either case, the relevant time limit for doing so has expired.

[Lboole]

I did submit my acknowledgment and defence in time which was confirmed over the phone with the court when I called them Friday. So this should be enough to get this set aside unless I’m completely misreading this? I’m just coming to the end of a 24 hour shift so that may be the case. The default judgment was given after my defence was struck out due to not returning the mitigation questionair due to not recieving it.

[chareosS]

that is why you need a copy of the court order it should say why this was struck out, once you know that information you can go from there

[charitynjw]

I did submit my acknowledgment and defence in time which was confirmed over the phone with the court when I called them Friday. So this should be enough to get this set aside unless I’m completely misreading this? I’m just coming to the end of a 24 hour shift so that may be the case. The default judgment was given after my defence was struck out due to not returning the mitigation questionair due to not recieving it.

If you mean the Directions Questionnaire, that will probably be the reason for the adverse judgment.
Any reason you can think of for why you didn't receive it? (New post person, etc)

[Lboole]

The post person was always changing dependent on what day it was. Must of been sharing hours, one was regular and the others not. The regular post person although not delivering every day retired over a year ago now

[Lboole]

And Sorry yes I do mean the directions questionair

[chareosS]

@CHARITYNJW dont you find it a little strange that the defendant did not:

i) receive the std letter from the court acknowledging the defence and stating a copy will be served on the claimant
ii) not receiving a DQ from the court
iii) not receiving a copy of the claimants DQ from the claimant ( i wonder if the court got a copy )
iv) not receiving a copy of the court order
v) not receiving ANY correspondence from lowell since they obtained judgement !?

dont you find this i little bit strange ?

[Lboole]

At this time I was living with grandparents helping to care for them. I then got a new job which I started on Jan 6th 2017 which was residential training for 14 weeks. I submitted my defence on 28 December 2016. I returned some weekends throughout the course but never had any letters waiting for me. Once I finished the course I then moved next door as the house came up for rent. Grandparents are still next door, I am there 5 times a day caring for them

[charitynjw]

@CHARITYNJW dont you find it a little strange that the defendant did not:

i) receive the std letter from the court acknowledging the defence and stating a copy will be served on the claimant
ii) not receiving a DQ from the court
iii) not receiving a copy of the claimants DQ from the claimant ( i wonder if the court got a copy )
iv) not receiving a copy of the court order
v) not receiving ANY correspondence from lowell since they obtained judgement !?

dont you find this i little bit strange ?

Hi ChareosS

Short answer is yes

[charitynjw]

that is why you need a copy of the court order it should say why this was struck out, once you know that information you can go from there

I agree with chareosS insofar as you need to contact the court.
Something is amiss if you didn't receive anything.
Where (if at all) have these things been sent to?

[Lboole]

I will contact the court again Monday to get all information sent out and then share it on this thread. I really have no idea but this needs to be set aside. What would be the best way to get information on the original debt which will be statute barred? Will the debt being statute barred be enough to have this set aside?