Default Judgement error/ set Aside CCJ

[DOS]

Hi please can someone advise me on this as a result of default judgement ?

It all started when I received a letter from Northampton court on behalf of Lowell Ltd that I they took over the debt from a mobile company and that they are pursing the debt for twice the amount they have stated including fee etc. The letter was dated on the 9th of October 2018. I then completed an acknowledgement of service when was emailed to the court on the 19th of october 2018 and a defence that was also emailed on the 10th of November 2018.
In between these dates I sent a request to Lowell for documents listed in court paper and also a letter with £1 request of copy of credit agreement. LOWELL did not reply until after I have filed my defence on the 10th of November.
What I received from Lowell were;
1.a letter from the mobile company writing that the debt has been passed to Lowell and
2. another letter from Lowell also stated they are the owner of the new debt etc... with both letters addressed to an address I have NEVER ever lived at any time in my life.

From my defence i stated that I did not recall this default was served and also that the original debt was transferred which is now evident on the 2 letters with the wrong address. I also do not know how the debt was calculated which they have not provided?

In this regard, I am planning to do a set aside as a result of the default judgement.

The judgement also stated
"you have not replied to the claim form"
which seems to be an error on THE COURT as well as i did received acknowledgement of the emails sent on the 19th October and 10 November. I also sent a copy of my defence to Lowell by postal mail on the 9th November.

Please can you see if my case is valid here and how do i need to go about it ASAP. The judgement was served on the 6th of December 2018.

Many thanks

[ostell]

Contact the court and remind them that you submitted your defence and it does not appear to have been logged into their system.

[DOS]

Many thanks. As from what I have provided you above, what do you think of this type of situation? To do set aside form or go and log the defence and set a hearing? Has such thing like this happened before and how are they sorted?

[ostell]

Just contact the court and see if they will admit that they made a mistake and will withdraw the judgement.

[DOS]

Many thanks. Will update you all on Monday.

[DOS]

Hiya, I called the court today and explained as stated above. The lady confirmed the acknowledgement of service emailed was seen on the 19/10 but not the defence. She asked me to send the screenshot of both emails on the 19/10 and 10/11 and their acknowledgement emails which I have done. So I'm now waiting for their response which I don't know how long this will be?

[Amethyst]

See what they come back with - you might still be required to apply

Cases where the court must set aside judgment entered under Part 12

13.2 The court must set aside^(GL) a judgment entered under Part 12 if judgment was wrongly entered because–

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;

(b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or

(c) the whole of the claim was satisfied before judgment was entered.

[DOS]

Hiya, I have received an email from the court that "the case has been referred to a district Judge for further directions regarding the below. It will take up to 10 weeks to receive a response at which point you will be notified accordingly"

so does this mean the judge will set aside the case and start from where we were before the judgement or he will give judgement?

I was not asked to pay for it as well? Is it a set aside procedure?

I still have further evidence that I received from the claimant but not part of my defence as i had them after the filing date, so I was wondering if the judge going to take decision without me available?

Please can you help throw light what I should expect?

Many thanks

[DOS]

Hi All, any reply to my questions above?

[ostell]

The judge will be deciding if the court have made an error and if so what do do about it. I don't think we can comment on the possible results by the judge. Can you access the case online?

[DOS]

The fact that they have not asked me to pay and have referred the case to a judge is it not error they would have realised as themselves?
Otherwise they would have asked me to complete n244 or so and be me notifying the claimant .

[Amethyst]

It looks like they have passed it to the Judge to look at as it was the courts error and the judge would be able to set aside the judgment on his own motion ( ie without an application ) - if not the judge might simply order you to file a formal application - can you log in to moneyclaim online at all ? There should be a bar on the case so that the other side can't take any enforcement action off the back of the judgment. I might be inclined to ask the court if there is a bar to enforcement in place while the Judge looks at things.

Does the documentation they have provided wipe out your defence ? Of course you want the judgment set aside first, but if your defence is kerputt as they have evidenced their claim and complied with your cca request and so on, then you could spend the time between now and the judgment being set aside working out a negotiation position, putting something aside for a f&f offer etc to settle without having the CCJ reapplied.