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Received Default Judgement saying I did not file defence - but I did via email!

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  • #1

    Received Default Judgement saying I did not file defence - but I did via email!

    Hi All,
    I hope someone can help us here.
    We had a court claim from a service charge company and we responded to the claim defending it as the amount was wrong amongst other reasons.
    We did the response within the 28 days, after filing the AOS within the 14 days also.
    However, today we receieved a letter of judgement for claiment (default) with the reason given being I did not file a defence. However, I have checked again today and I responded to the claim within the timeframe and to the email advised on their website. And I can prove it in the sent items and no failed delivery reports etc.

    So my question is - how can I rectify this situation? Clearly I would like to defend the claim but it seems my defence submitted has not been considered.

    Thanks in advance,
    Tags: ccj, court, law, legal
  • #2
    Call the Court (central number), back the call up with the email proof you have, also send the Defence again.

    Update the thread after you've done that.

    Comment

    • #3
      HI,
      Thanks for the reply,
      Sorry for the (maybe silly question), but should I send copies to the claimant's solicitors or just the court where it was originally submitted?

      I have been frantically googling this and it seems there is a form I need to do to set aside but that also costs over £300!

      But I will start with your advice above and follow up here!

      Thank you once again!

      Comment

      • #4
        Originally posted by sumo29 View Post
        HI,
        Thanks for the reply,
        Sorry for the (maybe silly question), but should I send copies to the claimant's solicitors or just the court where it was originally submitted?

        I have been frantically googling this and it seems there is a form I need to do to set aside but that also costs over £300!

        But I will start with your advice above and follow up here!

        Thank you once again!
        If you've done everything correctly, then you shouldn't have to 'set a side'.
        If you have to 'set a side', and the other party 'consents' to the 'set a side',
        then the fee is reduced.

        Comment

        • #5
          no application needed, will just be an upon review of the court file and being satisfied defendant filed defence

          1. Judgement of X date set aside
          2. Permission to the Defendant be given to rely upon the defence dated X August 2024

          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.



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