CCJ set aside defence

[PC8862]

Can I please have some guidance on the defence that can be used when someone was in negotiations with the claimant which was not concluded before they entered a CCJ against the defendant?

[ploddertom]

You will be better telling us the story behind all this to get a better response.

[PC8862]

Background
I was a victim of financial abuse from an ex partner and as a result he failed to pay back money he owed. The debt was eventually sold to a debt collection agency and I explained to them at the time court proceedings were going ahead to claim the money back.

I successfully obtained a CCJ against my ex partner for the debt. However due to him going self employed under a limited company I was unable to recover the debt.

I kept the claimants informed of the progress and asked to be contacted via email. For an unknown reason, the claimant changed the address to my parents address and I received a claim form. I received the claim form days before the deadline as it was not sent to my address and my mother called me to say I have a letter which has been there a while and it’s in a brown envelope. She read me the letter and I immediately called the claimants.

During this call:

I offered to settle the claim
Asked for the original claim agreement
Explained again I was a victim of financial abuse
Having a CCJ would be detrimental to me as I working in the banking industry and I can not return to employment after maternity leave if I have a CCJ.
Notified them this is the 1st I’ve heard of the debt being transferred to court and no pre-court action paper work had been received as they claimed.

I was told to fill out the claim form and they will respond. I filled the form with part admittance (I know I should not have but at the time I was not aware). I filled in the form and also attached a note explaining the above.

A judgment was then entered by the claimant with no other communication.

I then received a letter stating enforcement of the judgment. I was shocked to hear this and I asked why no agreement had been considered. This was also received after the 28 days otherwise O would have found a way to pay the full judgment to avoid this.

To cut a long story short...a complaint was then raised and the representative explained that the most likely outcome would be a Tomlin Order. This did not happen and after several months of SAR’s and complaints I applied to set the judgement aside.

The claimant consented to set the judgment aside on grounds that they have looked at my individual case and the judgment will have a negative affect on my career and finances.

We went to court and the judge has adjourned the case on the basis he would like me to strengthen my defence and quote the law...

I need to file a defence to explain the financial abuse and coercive behaviour. (I have conversation screenshots and can get witness statements).

The fact the claimants and I were in negotiation over the debt when the judgment was entered.

I am not sure if I can withdraw admittance at this stage as I have never received the credit agreement and as much as I believe the claimant is entitled to the money I have never received anything to support this.

The claimant is being supportive and they are happy to consent. I just need a strong defence.

Any help would be appreciated