Court Claim - lowell / blackhorse - 1-5-2014

[madgie]

Received a claim? Yes
Issue Date: 1-5-2014
Amount approx: 8000
Claimant: lowell
Solicitor: bryan carter solictors
Original Credit: blackhorse

Particulars of Claim:
All letters and summons were sent to a previous address so the first thing i heard was when the actual CCJ was issued against me i tried to get this set aside as i didnt get the chance to respond to the origanal letter and was unsuccessful - please can someone give me some advice on what to do as i dont feel at all i have been treated fairly.

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
the issues i have are the fact that i didnt get the change to respond to either letters or the county court claim before it went ahead.

[Nibbler]

Re: Court Claim - lowell / blackhorse - 1-5-2014

What did the court give as reasons for refusing the set aside?

What were your grounds for a set aside?

Were Lowells aware of your actual up to date address?

- CPR allows claim forms to be sent to last known or usual address, so unless they knew your new one it wasn't necessarily dodgy doing that. Saying that, with DCAs it's amazing how many times your correct address only gets used or given to the court once it's too late to defend, and using a previous address to get default judgements IS a deliberate and cynical tactic used by a few DCAs.

- Even if you didn't get the claim form originally, the court would usually want to see that you have some separate valid or plausible grounds to defend the claim before they will allow a set aside.