Urgent Help Needed With an Unusual Default CCJ. Looking to Set Aside

[Lboole]

Hi everybody!




I am looking for some advice as I’m in an unusual position.




Over 2 years ago Lowell began proceedings to obtain a CCJ against me for an old Vodaphone account. I am 98% sure this is statute barred.




I acknowleged the claim and submitted my defence on MCOL all within the deadlines. I then heard nothing back, so I presumed that Lowell had dropped the case due to a strong defence.




This week I have met with a mortgage broker to try and get on the property ladder. She then told me I have a CCJ from two years ago. I am distraught about this as it has shattered my chances of getting a mortgage for me and my young family.




I have rang Northampton County Court today who confirmed they did receive my acknowledgment and defence on time and sent me a questionnaire for mitigation which I never replied too therefore the judge struck off the defence and gave me a default judgement.




I never received this paper work, or I would of obviously continued with my defence to stop this from happening. The courts confirmed it wasn’t sent to me recorded. I didn’t move address at the time of the claim.




I read on a legal website that because i submitted my acknowledgment and defence that the default judgment would be irregular and must be set aside? Is their any truth in this with my case as that statement isn’t very clear?




Another odd thing that has happened is I haven’t heard a thing from Lowell since this CCJ was given. They haven’t chased or enforced the debt. I asked the court why this is and they said Lowell have decided not to enforce the debt. I asked why would a company go through all of this to then not enforce it and they said because they were probably expecting me to pay and it would cost them more money.




I have been sent the documents from the court to set this aside which I will need help completing, but I also need to get proof the debt is statute barred and i am unsure how to get that information without resetting a clock. What would be the best way to get that information?




I will be contacting the court to request all documents be sent out to me to begin the process of setting aside ASAP.




Any advice and guidance will be greatly appreciated.




Its a great site and service you all provide.




Thanks for your time in advance

[charitynjw]

CPR 13.2 gives reasons for mandatory set-aside.
CPR 13.3 gives the discretionary grounds.

[Lboole]

charitynjw thank you for that. I’m reading that and thinking this judgement must be set aside due to me submitting an acknowledgement and defence?

[charitynjw]

charitynjw thank you for that. I’m reading that and thinking this judgement must be set aside due to me submitting an acknowledgement and defence?

Imho it's a 13.3....'may'.

[Lboole]

Would defending it as a statute barred debt be enough to get it set aside? I am going to need to find a way of finding the information to show that is the case, what would be the best route to take without resetting the clock on the debt?

[charitynjw]

and sent me a questionnaire for mitigation which I never replied to

I never received this paper work

Could you clarify?

[Lboole]

Yes. I never received this paper work through the post. At the time of claim I didn’t move address. If I had received this through the post I would of completed and returned it to continue with my defence. I asked if this was sent recorded delivery and she said it wasn’t so it’s been lost in the system or delivered to the wrong address by the postal worker.