CCJ Set Aside - but what now?

[SamWood98]

Hello,
i won't bore you with the long details but I received a CCJ in 2012 that I then received an attachment of earnings for at the very end of 2018.

I successfully had the CCJ set aside in April 2019, with the claimant having 14 days in which to serve the papers once again, otherwise the case will be set aside.

Today, I received, by recorded post, a letter dated March 2012 asking for money and a load of FB screenshots and paperwork. There's nothing in this pile of papers relating to court paperwork, no reference to a court case and no claim served as such - is this serving papers?

It says once she has served me I then have 14 days to reply with my defence, so if this is serving me do I reply directly to her with a defence. I am a bit lost about what to do next and if this counts as serving or if it's actually now set aside?

Thank you!

[Amethyst]

The Judgment is set aside, and if the claimant had complied with the order, it would continue just as it would have if you had received the papers in 2012 and you'd be needing to file a defence.

I'm not sure what the other side has done - sent a pile of random papers vaguely related to the case by the sound of it ? They will need to send a copy of the claim form - or at least the particulars of claim.... did you get a copy from the court when you were applying to set aside?

Actually, have you got a copy of the order from the court following your set aside hearing as you've confused this bit too...

I successfully had the CCJ set aside in April 2019, with the claimant having 14 days in which to serve the papers once again, otherwise the case will be set aside.

[SamWood98]

Thank you very much for your response.

The court paperwork says "Certificate of Satisfaction or Cancellation of Judgment Debt".

To the defendant
This confirms, for the purpose of the Register of Judgments, Orders and Fines Regulations 2005 that:

The judgment be set aside" etc

It is accompanied by a "General form of judgment or order"

That says: "upon hearing the Defendant in person and the Claimant not in attendance

IT IS ORDERED THAT
1. the judgment against (Me) dated 25 May 2012 be and is hereby set aside
2. The claimant to serve a copy of her claim on the Defendant by 4pm on 22 April 2019, and if in default, the claim will be struck out
3. If the claimant complies with paragraph 2 above, then the defendant shall serve and file her defence by 40?, 14 days after service"

What I have been sent is a letter sent in 2012 asking for money, with no court stuff just a formal letter for money, and what looks like a statement of what the claim is with screenshots etc. I don't have a copy of the claim form and have in fact never seen the claim form, which is one of the reasons the claim was set aside.

I'm unsure what to do next. I don't quite know how to respond to defend myself as I don't have the claim form to do so. Is it best to ring the court and get their advice about if they consider the claim to have been served? Or can I send something proactive to the court saying I haven't been properly served?

Thank You for your help

[SamWood98]

That should say 4pm, not 40?

[SamWood98]

Sorry - one last post.

I have just been through the paperwork thoroughly

It consists of a letter, sent originally in March 2012 saying "this is to comply with pre-action protocol, and if I don't hear from you by XYZ I will commence legal action". This has the claimants former address on, where I know they do not live anymore, then a statement of particulars with accompanying screenshots.

Nowhere is there any court order, or copy of anything court related. It does not contain the court case number nor any form of cover letter, and there is no address included where I could anyway respond to serve a defence.

[SamWood98]

Hello - I hope someone can help me.

I have an update and I'm so confused.

I set a letter to the court letting them know I didn't get served the paperwork, that what did arrive arrived after the service date and that there was no return address able for me to file a defence, therefore requesting the case was struck out.

I heard nothing until Friday, when a court baliff turned up at my parents address AGAIN, having been expressly written into the documents from the District Judge that this wasn't to happen, trying to serve an attachment of earnings order on me.

The defendant apparently went to court on the 13th to have this served on me, saying she has served me court papers and O haven't responded. I just spoke to the court and they acknowledge they got my letter but also say she said she served. Apparently it's going back in front of the judge to look at the AoE but I am so confused - it was set aside. Doesn't it begin again? Don't I get the chance to put a defence? It wasn't even served on me.

The woman from the court said she served documents to me in Liverpool which the defendant knows full well is not my address. I'm really stressed and feel like I am going round in circles. Can anyone help? I'm trying really hard to follow what I am supposed to do but it's like staring into coffee.