Help! Received CCJudgement by default dated 23/12 - today!

[ninja33]

Hi guys,

Am frantic, am really stressed can't believe this!!

Today I received a bunch of post together including a judgement by default and a letter from Restons saying I had not responded to a claim and that they would ask for a judgement by default.

This is to do with an old Credit card debt. The date of the judgement is 23rd Dec - I understand I would have been able to ask to set aside within 7 days of that date - is there anything I can do to apply for set aside now? How would I do that?

Thanks in advance absolutely devastated

[Kati]

Re: Help! Received CCJudgement by default dated 23/12 - today!

Did you get the original claim form?

Details on a set aside can be found via this link - http://www.legalbeagles.info/forums/...lication-notes

:bump: for [MENTION=55034]nemesis45[/MENTION] xx

[ninja33]

Re: Help! Received CCJudgement by default dated 23/12 - today!

Yes that has arrived too. I cannot log in to the claim nor do anything on the online portal. What, if anything, can I do? Can I send an N244 via email to NCC?

[Kati]

Re: Help! Received CCJudgement by default dated 23/12 - today!

Yes that has arrived too. I cannot log in to the claim nor do anything on the online portal. What, if anything, can I do?

did it arrive at the same time??
What is the date of issue on the claim form?

- - - Updated - - -

you could try phoning the court :noidea:

[ninja33]

Re: Help! Received CCJudgement by default dated 23/12 - today!

Yes all came in a bundle of post issued 02/12.

[Kati]

Re: Help! Received CCJudgement by default dated 23/12 - today!

any chance you can post up redacted copies of the form and judgement??

[Amethyst]

Re: Help! Received CCJudgement by default dated 23/12 - today!

Have you moved house? Just wondering how come everything was delivered together.

Yes you need to apply to set aside the judgment on the basis that you did not receive the claim forms. Kati has given you the link to the set aside application - you can complete the N244 on the PDF and attach word docs and email to the court - you will need to call them to pay the fee ( £155 unless you are eligible for fee remission) The 7 days is to vary the order ( if you wanted to change to installments rather than a forthwith order etc) - a normal set aside to allow you to defend just needs to be done 'promptly' - and as you received the documents and judgment order today, that box is ticked

You do have to show you have a chance of success with a defence - so can you tell us a bit about the background of the debt pls. When did you last have any contact / make a payment etc ?

[ninja33]

Re: Help! Received CCJudgement by default dated 23/12 - today!

We have been having problems with the post here - I think they get delivered to neighbours and when they get a chance they drop them through (has happened before). Have been trying to post up the docs but having trouble, will work on it.

This is a credit card debt that defaulted around April 2013. I sent a CCA request at the time (if that's the one where I ask for proof of the debt) to the credit card provider ( a bank) and never received a response. However I noted by viewing the account online that the £1 fee in PO I sent was cashed and applied to the balance, even though I had expressly stated that this was for DPA processing fees.

I then thought no more of this. I noted from time to time that the debt was bought & sold by different DCAs. The next i know I receive this judgement, the claim form, and a letter from restons saying I have not responded to the claim and that they will ask for judgement in default.

My defence for Set Aside would be:

1: I did not receive the original claim
2: The first I knew of the claim was by receiving the judgement by default
3: I need to establish the basis on which the claimant is making the request for payment. In their particulars of claim they state, I have had no opportunity to enquire as to the ownership or validity of the request for payment nor indeed the debt itself.

The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and (bank) dated on or about MONTH 2002 and assigned to the claimant on MONTH 2015.

AC # 12345678910111216

DATE ITEM VALUE
MONTH Default balance 18,000.84
Post refrl Cr NIL

TOTAL 18,000.84

How does that sound, and, is there anything i should add to strengthen the grounds upon which the court could decide to set aside this order?

thanks so much

[ninja33]

Re: Help! Received CCJudgement by default dated 23/12 - today!

Documents attached

[ninja33]

Re: Help! Received CCJudgement by default dated 23/12 - today!

[MENTION=6]Amethyst[/MENTION] [MENTION=49370]Kati[/MENTION] any thoughts?

[ninja33]

Re: Help! Received CCJudgement by default dated 23/12 - today!

IE do you think the Defence needs any work - any templates would be appreciated, sorry am not used to forums etc.!

[Debt Camel]

Re: Help! Received CCJudgement by default dated 23/12 - today!

This is a credit card debt that defaulted around April 2013.

So you do know what the debt is for? I am asking because if you genuinely have no idea, you could add more to the set aside application.
You say it defaulted in April 2013 - do you mean that is about the time you stopped making payments to it?

I sent a CCA request at the time (if that's the one where I ask for proof of the debt) to the credit card provider ( a bank) and never received a response. However I noted by viewing the account online that the £1 fee in PO I sent was cashed and applied to the balance, even though I had expressly stated that this was for DPA processing fees.

The £1 bit is irritating but irrelevant if you last made a payment in 2013 - either this debt is going to end up with a CCJ now or it is going to be unenforceable if they can't produce the documentation. The fact this £1 resets the statute barred clock isn't going to matter either way.

I then thought no more of this. I noted from time to time that the debt was bought & sold by different DCAs.

Do you have other debts you have also defaulted on? What is your general financial situation?

My defence for Set Aside would be:

1: I did not receive the original claim
2: The first I knew of the claim was by receiving the judgement by default
3: I need to establish the basis on which the claimant is making the request for payment. In their particulars of claim they state, I have had no opportunity to enquire as to the ownership or validity of the request for payment nor indeed the debt itself.

You have to realise that you are taking a risk here. If the set aside is agreed and they can find the CCA documentation(which bank was it with?) then you will get a CCJ anyway and will just have wasted £155 for the set aside. I'm not saying don't do it, 18k is a lot of money, just pointing this out.

[ninja33]

Re: Help! Received CCJudgement by default dated 23/12 - today!

So you do know what the debt is for? I am asking because if you genuinely have no idea, you could add more to the set aside application.
You say it defaulted in April 2013 - do you mean that is about the time you stopped making payments to it?

I think its for a credit card with a bank but as you say I do not genuinely know as the reference doesn't make sense to me

The £1 bit is irritating but irrelevant if you last made a payment in 2013 - either this debt is going to end up with a CCJ now or it is going to be unenforceable if they can't produce the documentation. The fact this £1 resets the statute barred clock isn't going to matter either way.

OK

Do you have other debts you have also defaulted on? What is your general financial situation?

Yes quite a few. They also were CCA'd with no responses.

You have to realise that you are taking a risk here. If the set aside is agreed and they can find the CCA documentation(which bank was it with?) then you will get a CCJ anyway and will just have wasted £155 for the set aside. I'm not saying don't do it, 18k is a lot of money, just pointing this out.

One question on this. If I get the set aside does that mean that the CCJ gets removed from my record, and then they can launch a claim again and we start again? And if they provide the evidence in the Set Aside hearing if they have it and then the judge could say "well that was your defence and they have the evidence so you wouldn't have won anyway so there will be no set aside"?

[ninja33]

Re: Help! Received CCJudgement by default dated 23/12 - today!

IE is it all futile...

[nemesis45]

Re: Help! Received CCJudgement by default dated 23/12 - today!

Did you get the original claim form?

Details on a set aside can be found via this link - http://www.legalbeagles.info/forums/...lication-notes

:bump: for @nemesis45 xx

Hello [MENTION=49370]Kati[/MENTION] I'm back been a busy day elsewhere. nem xx