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set aside ccj

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  • set aside ccj

    hi, new to legalbeagles and already found it helpful so great start.i was issued a ccj in default due to not sending a defence,i did however respond on line using the AOS within timescales.i found it very emotive and triggered a relapse and a mental breakdown.i am now preparing to request the judgement be set aside.the court claim is from southern water from 19/05/11-06/04/2015 and interest from 06/04/2015-30/05/19. i remember living in brighton but due to my substance misuse at the time my recollections are vague.ive asked SW for detailed breakdown ie final payment,communication,date defaulted etc. they advised me to ring uk search ltd for more detail as they have bought the debt. contacted uk search and they told me they havent bought the debt they just administer it on behalf of SW.im going to send all my appeal forms and draft letters to the court today as iwant to show that ive been prompt with the response. any other suggestions?
    TIA
    Tags: None

  • #2
    I'd get SARs in to SW and UKsearch to see what either hold information wise -SAR example letter - https://legalbeagles.info/library/gu...ccess-request/
    #staysafestayhome

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

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      thankyou,
      im going to send the appeal letter off anyway with draft copies etc but do i send it to the claimant as stated on the court papers?
      when i challenged the lady at uk search she told me to address it to them. if i dont even know who im dealing with , and both southern water and uk search both have conflicting accounts of who the debt is being claimed by then how can they start court proceedings? plus i never had any contact with them until the claim letter.
      cheers

      Comment


      • #4
        Click image for larger version

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ID:	1481189 situation is getting more farcical by the day yet time is running out for me to "promptly apply to have judgement set aside. spoke to both parties once again and eventually got through to southern water's litigation team.I told them i had been misinformed on numerous occasions from both parties,with the latest being i had to send consent request to shulmans. when i explained it southern waters duty to do that and not mine(info i got from this site) she agreed and gave me the email address to send info to.
        as im representing myself i don't want to be putting in a lot of legal wording that potentially i could get challenged on however ,
        1. could i mention the misinformation as a delay in sending a "set aside application"?
        2.how do i put into words that no "default of account" or "start legal proceedings" received, does this contravene any protocol with procedures applied to debt collection?
        3. what implication does the wording have on the consequences of a legal document. ie on my default judgement it states"you have not replied to the claim form" (see attachment) however i replied with an AOS online via moneyclaim but admittedly didn't follow with a defence as i had been triggered by this point and mentally unfit to do anything.
        Amethyst any thoughts?

        Comment

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        SHORTCUTS


        First Steps
        Check dates
        Income/Expenditure
        Acknowledge Claim
        CCA Request
        CPR 31.14 Request
        Subject Access Request Letter
        Example Defence
        Set Aside Application
        Directions Questionnaire



        If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





        NOTE: If you receive a court claim note these dates in your calendar ...
        Acknowledge Claim - within 14 days from Service

        Defend Claim - within 28 days from Service (IF you acknowledged in time)

        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




        We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
        If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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