Help please with a judgement for claimant (in default)

[Lrigden]

My husband received a judgement for claimant (in default). When he rang the county court business centre they said it's because he didn't fill the claim form in. They sent to our old adress and it got sent back to them. Then court said they sent it out to our new adress. Which they did not! As we would of followed the procedure to defend it. Please can you tell me if there's anything we can do. My husbands just lost his job so we can't afford to pay this. It's a old credit card debt and the claimant is Lowell portfolio 1 ltd. the letter is dated 12 April and my husband has just got home. Many thanks

[Amethyst]

Re: Help please with a judgement for claimant (in default)

Hiya, To roll it back so you can defend the claim you'd need to apply for a 'set-aside'. This involves telling the court why you didn't respond to the court documents and showing that you do have a reasonable chance of success defending the claim.

Info on set aside applications is here http://legalbeagles.info/forums/show...lication-notes

First thing you can do is contact Lowell and ask them about the claim and what address they sent it to and let them know you will be applying to have the judgment set aside as you will be defending the debt.... ask if they will consent to a set aside application - then it will cost you £100 - if they won't it will cost you £255 ( although if finances are tight you MAY be eligible for fee remission ( the EX160 is here http://hmctsformfinder.justice.gov.u...g-20160212.pdf )

Can you give a bit of background about the debt, how old is it, when did it default, who was the original creditor, approx how much is the judgment etc.

Also can you explain about the claim going to your old address and the court sending it on to your new address - how did the court get your new address ?

Of course, if you pay the debt within 28 days it can be removed from your credit file and a judgment register, but that's unlikely to be possible I'd guess.