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Judgement (mandatory ground no service) next steps?

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  • Judgement (mandatory ground no service) next steps?

    Have also posted this on welcome forum.I’m new here. I’ve been in a long standing dispute with my freeholder over service charge demands. I withheld payment as she hadn’t followed section 20 consultation requirements for major works. We both own properties in the same block. She lives upstairs and my flat is downstairs. I haven’t lived there for years, which of course she knows. It’s been tenantted on and off, She threatened court action and I expressed my intention to defend the proceedings. She then filed proceedings and had them served at the flat she knew I didn’t live at. Obviously I didn’t receive them. She then obtained judgement in default (again I had no knowledge). She didn’t request payment of the judgement but instead proceeded to apply for a bailiffs warrant and changed the address to the company I work for. The first I knew of the claim was when bailiffs turned up at my work. I believe it’s clear she abused the court process to obtain judgement in default before I knew anything about it or could defend the claim. She refused to agree to set aside the claim. The court intervened and changed the address on the warrant. She then proceeded to apply for an attachment of earnings order. I panicked that before any application to set aside would be processed that my employer would be contacted. I therefore made payment of the full judgement amount to get, but sent an email making it clear that I believed the judgement was wrongly entered and the payment was being made without any admission of liability or prejudice to an application to set aside judgement,
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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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