Hey all,
Looking for some advice here.
Had a CCJ against me by default in May 2012 after the DCA filed in a previous address. Basically they knew my current address but filed in previous to deny me legal right to defence.
Had the court hearing for set-aside this morning and the judge accepted abuse of process and agreed to set it aside. Stated that I must file a defence with the court within 14 days.
The debt is apparently for a mobile contract which I have never had. Have previously SAR'ed the Claimant which gave no evidence. Calls to the mobile company yield no results as my details dont match what they have on their system for the account number.
POC's refer to a contract, termination notice and notice of assignment.
Before filing a defence, am I right in thinking I should CPR 31.14 the claimant for proof and file defence once (if) received?
Thanks in advance,
Looking for some advice here.
Had a CCJ against me by default in May 2012 after the DCA filed in a previous address. Basically they knew my current address but filed in previous to deny me legal right to defence.
Had the court hearing for set-aside this morning and the judge accepted abuse of process and agreed to set it aside. Stated that I must file a defence with the court within 14 days.
The debt is apparently for a mobile contract which I have never had. Have previously SAR'ed the Claimant which gave no evidence. Calls to the mobile company yield no results as my details dont match what they have on their system for the account number.
POC's refer to a contract, termination notice and notice of assignment.
Before filing a defence, am I right in thinking I should CPR 31.14 the claimant for proof and file defence once (if) received?
Thanks in advance,
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