N24

[pepsinotcoke]

Hi,

We did a money portal to obtain a ccj, after we won by default the defendant has filed a late defence. We received a n24 stating the defendant had untill 4 pm on the 10th to serve us but we don't think we have been served as we received it via email at 230 that day, we haven't given written permission to be served via email, and it says without that expressed from me it has to be a hard copy. Am I correct in this and if so what happens now.

Many thanks

[JK2054]

Hello,

Have you received a default CCJ? I refer to being in receipt of the physical piece of paper, not any request/application for a default CCJ you made?

[pepsinotcoke]

We won by default and have the paper to show he didn't submit a defence. He has since claimed they knew nothing about it and looked to get it overturned and defend

[Pezza54]

My advice is not to rely on CPR PD 6A.4 for a defence to be struck out.
In the past there have been court cases with differing decisions about emailed documents
Please read the article at blakemorgan.co.uk "Service of documents by electronic means: When is service by email valid?"
Emailing has become more prevalent and the court is likely to allow your claim and the defence to go ahead.
My advice is to draft a Reply to Defence

[JK2054]

Sorry its not quite making sense. On the one hand you say you have a judgement, on the other hand you say you have a defence.

Please upload a redacted copy of the judgement so I can advise best.