Help!

[Pjm2019]

Hi,

I received a court claim from Cohen Cramer and immediately fired off the letters asking for proof of the debt. I receive replies from cohen cramer and lowell (attached) but then receive another letter from the County Courts informing me the judgement has gone against me. Do I have any way that I can get the judgement reversed or do I have to pay?

Many thanks in advance for helping me out!

[Amethyst]

So you sent off a CCA and CPR letter but didn't put your acknowledgement of service to court ? or did you acknowledge and then just not file a defence ? ?

If you pay in full within 28 days of the judgment date the CCJ will not be recorded on the register or your credit file for the next 6 years.

[Pjm2019]

Thanks for the reply. I put in an acknowledgement of service but didn't file a defence. I was waiting for the paperwork from cohen cramer as I believed I'd need to use that in my defence

[Amethyst]

Ok. No you have to put in a defence by the deadline unless you formally agree an extension to the defence date.

Can see this was originally a BT Plc debt - was this home phone / broadband etc ? As it wasn't a loan/credit card/catalogue debt the CCA request wasn't really relevant, unless there was credit for a device as well as the service contract. So just the CPR request really - Cohen Cramer replied stating that if you needed more time to file your defence to agree an extension with them. Your defence would have been due around 9th March so this Default Judgment has come through quite quickly.

So to apply to set aside would cost you £255... as much almost as the Judgment (£322). Do you have a dispute over the debt that would have enabled you to defend it ? ( was it a early termination type charge added to the account when you stopped using BT ? ) You'd have to show gopd reason why you didn't file your defence, unfortunately there isn't any misleading '' account on hold '' type comments in those letters from the claimant & solicitors so might be an uphill struggle.

The order is to pay by installments of £50 a month - however if you do that you will have a CCJ against you for 6 years, so to avoid that you would have to pay the full amount before about 10th April ( judgment date 14th March plus 28 days )

Ahh can see you've looked at a set aside possibility already from your note on the judgment xx It doesn't seem like a viable option due to the amounts unless you have a very real chance of success at defending the case ( eg. if it was ID theft and not your debt ) if you applied and it went to a set aside hearing and you lost it there would be additonal costs added as well.

[Pjm2019]

Thank you for taking the time to look over and reply I think I'll try and get it paid within 28 days. I don't want a ccj on my credit file for the next 6 years!