Set Aside CCJ Robinson Way

[PC8862]

Deleted

[R0b]

Hello

First of all, there's no such thing as a 'defence statement' it is simply a defence. Secondly, that defence is pretty poor to be honest, for several reasons. You never submit a defence to set aside, instead ou provide a witness statement which is a set of facts to support your application in asking the court to set aside the judgment. If set aside, your defence comes afterwards. Another problem, is that you have made statements without giving reasons why, for example, in paragraph 6 you mentioned that the claimant behaved unreasonably in pursuing the claim but did not explain why or how they have behaved unreasonably.

There are two ways a court can set aside default judgments: Either on a mandatory basis because the claimant has not complied with the CPR or it may be set aside at the judge's discretion. Based on what you've drafted, I'm not sure you have much of a chance of getting this set aside. The Claimant has a right to pursue a debt that they are rightfully entitled to claim and the fact that you were waiting for your ex-partner to pay you back does not, on the face of it, mean that they have to sit around and wait for that to happen. You could have joined your ex-partner as a defendant and sought to claim back the sums she spent on your card.

Another option is that if she used it without your authorisation then that could be fraud but you haven't mentioned that at all so it's not unreasonable to assume that the card was used with your permission - again, any issue between you and your ex-partner about repayments of the debt is not the concern of the claimant.

Also to point out, just because you didn't have any information pertaining to your ongoing complaint doesn't stop you filing a defence to that effect and asking the court to make an order of disclosure to that effect. Finally, playing the emotional card isn't going to help you much either because whilst the court may sympathise, it is a court of law and not morals, so it will review the claim on a legal basis i.e. are they entitled to the debt or not (which they are to some extent because you say you part-admitted). Even if the court thinks of setting aside the claim, it still needs to consider whether you have a reasonable prospect of successfully defending it. Nothing in your statement indicates to me that you would.

All I can say is good luck and let us know the outcome.

[PC8862]

Thanks for your response. *I did also include a witness statement as below:



3. I learnt of the existence of this intention to issue a judgment was on
the 11/09/2019 when my mother contacted me to inform me there was a letter for me.
4. I contacted the Claimant as soon as possible and they refused to engage with me or come to an agreement and insisted I returned the claim form as they could only put the account on hold for 7 days.
5. I only knew of the judgment on 29/10/2019 when I received a letter from the claimant requesting payment.
6. Reasonable steps were not taken to settle the debt by the claimant and avoid court action.
7. The debt in question belongs to a third party (ex-partner) who used my credit card to make a car purchase and additional extras and promised to pay the credit card back.
8. The money owed has never been disputed and I have never refused to contribute to the debt.
9. The claimant ignored my offer to pay the debt or come to a payment plan before the judgment was made.

*10. My address was previously at a different address and was updated by the claimant without my knowledge to my mothers address.
11. In 2018 during a conversation with the claimant I did inform them to contact me via email only. From the SAR’s I have been provided it is evident that they did not proceed to contact me via email.
12. The claimant never explained that responding to a claim form that was issued to my incorrect address would result in a CCJ.
13. I have made numerous attempts to come to an agreement with the claimant, as they were becoming inpatient.
14. The claimant refused to provide me any further information to defend the claim once I was in contact with them.
15. When raising my complaint to the claimant regarding the CCJ I was informed to not do anything and wait for a response from the claimant. A response was provided on 20th December 2019 several months after being raised and the complaint was not upheld.
16. The claimant led me to believe we could settle this outside of court and on a call on 06/11/2019 informed me the result is likely to be a Tomlin Order as I am willing to settle the debt.
17: I have now had to raise 2 complaints in respect of setting aside this judgment as per my points above. My complaint I have been advised may take up to a further 8 weeks.
18. My complaints to the Claimant have been circulating since October 2019, which has been detrimental to my financial situation and is in now way a reflection of my ability to borrow money and pay back. This matter is preventing me from moving home with my family.
19. I was also advised via a telephone conversation on 23/06/2020 by the claimants, legal representative I can also apply to set this judgment aside hence this application is being made.
20. I therefore respectfully request that the Court sets aside the judgment in this claim and consider my defence.