Default Judgement Received Against Me - Next Step To Take?

[nemesis45]

Re: Default Judgement Received Against Me - Next Step To Take?

UPDATE

Good news - I have now heard from the claimants that they are discontinuing with the claim and removing all charges from my account.

Worryingly, I have not heard anything from the court since July and despite the claimant sending the court a consent order to set aside the judgement at the beginning of July, the judgement is still on my file and I have not had any notice about the judgement being set aside or that the hearing has been cancelled.

There's a substantial backlog in the court system at present check with the court to see what's going on.

nem

[apollo18]

Re: Default Judgement Received Against Me - Next Step To Take?

I've sent them several emails over the past 6 weeks or so but not had a single reply. I've called them a couple of times too (it takes about 45/50 mins before they answer). When I got through they told me to email them!!!

I'll try calling them again tomorrow to see if they can tell me anything.

[nemesis45]

Re: Default Judgement Received Against Me - Next Step To Take?

I've sent them several emails over the past 6 weeks or so but not had a single reply. I've called them a couple of times too (it takes about 45/50 mins before they answer). When I got through they told me to email them!!!

I'll try calling them again tomorrow to see if they can tell me anything.

Short of Staff I'm afraid it's getting worse every day.

nem

[charitynjw]

Re: Default Judgement Received Against Me - Next Step To Take?

& this of course doesn't help matters.

More than 2,000 rulings being made a day without open court process
The CCJs - county court judgements - are pushed by firms seeking 'debts'


Read more: http://www.dailymail.co.uk/news/arti...#ixzz4MEnKxJWJ
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[Diana M]

Re: Default Judgement Received Against Me - Next Step To Take?

I have now heard from the claimants that they are discontinuing with the claim and removing all charges from my account.

Worryingly, I have not heard anything from the court since July and despite the claimant sending the court a consent order to set aside the judgement at the beginning of July, the judgement is still on my file and I have not had any notice about the judgement being set aside or that the hearing has been cancelled.

This is/was a Freeholder (Landord)/Lessee (Tenant) claim.

I'll take a peek back through your thread (I was username 'Just Di' when it started) to see what impact this delay may have on your ongoing service charge issues.

Have you seen a copy of the Consent Order to set aside the CCJ and wouldn't you have had to sign it too? (maybe you did).

And finally was the CCJ only set aside so that the service charge issues could be dealt with by the First Tier Property Tribunal instead or is this the end of the matter?

Di

[apollo18]

Re: Default Judgement Received Against Me - Next Step To Take?

This is/was a Freeholder (Landord)/Lessee (Tenant) claim.

I'll take a peek back through your thread (I was username 'Just Di' when it started) to see what impact this delay may have on your ongoing service charge issues.

Have you seen a copy of the Consent Order to set aside the CCJ and wouldn't you have had to sign it too? (maybe you did).

And finally was the CCJ only set aside so that the service charge issues could be dealt with by the First Tier Property Tribunal instead or is this the end of the matter?

Di

Yes, that's right. Originally I received a default judgement against me because the court did not receive the Acknowledgement of Service I sent them.

I then paid the £255 fee to apply for the judgement to be set aside. Shorty after this the claimant agreed to the judgement being set aside by way of a Consent Order, also requesting the hearing be vacated and that I provide a particularised defence. I did get a copy of the Consent Order and I signed it.

After sending them the particularised defence (including my assertion that the claim should be struck out because of an abuse of process due to them previously pursuing same/similar claims which were struck out and stayed - as you advised me to do Di :thumb the claimant discontinued the claim and withdrew all the charges from my account.

Very happy other than not having any update from the court agreeing to the consent order and allowing the claim to be discontinued. Also the CCJ has not been removed from my file.

[Diana M]

Re: Default Judgement Received Against Me - Next Step To Take?

UPDATE - Good news - I have now heard from the claimants that they are discontinuing with the claim and removing all charges from my account.

Worryingly, I have not heard anything from the court since July and despite the claimant sending the court a consent order to set aside the judgement at the beginning of July, the judgement is still on my file and I have not had any notice about the judgement being set aside or that the hearing has been cancelled.

Did you only learn of the Discontinuance yesterday?

From what you say in July a Consent Order to set aside the CCJ was signed. In those circumstances the claim comes back to life as if the Default Judgment had never happened reinstating your legal right to Defend the claim. The set aside does not extinguish the claim.

A Discontinuance does what it says on the tin, the claim no longer proceeds.

The Claimant's solicitors were in control of filing the Consent Order with the court so why not contact them and ask for proof.

Once the Consent Order to set aside the CCJ was filed all trace of it should have been removed from Trust Online and the CRAs. Again I would chase the solicitors on this point.

If the Discontinuance was only filed yesterday it may be too soon for it to be registered at court.

Since you filed your Defence before the Claimant discontinued, they cannot re-issue a claim based on the same or substantially the same facts

Di

[apollo18]

Re: Default Judgement Received Against Me - Next Step To Take?

Did you only learn of the Discontinuance yesterday?

No, it's been about a month now.

From what you say in July a Consent Order to set aside the CCJ was signed. In those circumstances the claim comes back to life as if the Default Judgment had never happened reinstating your legal right to Defend the claim. The set aside does not extinguish the claim.

A Discontinuance does what it says on the tin, the claim no longer proceeds.

The Claimant's solicitors were in control of filing the Consent Order with the court so why not contact them and ask for proof.

Once the Consent Order to set aside the CCJ was filed all trace of it should have been removed from Trust Online and the CRAs. Again I would chase the solicitors on this point.

If the Discontinuance was only filed yesterday it may be too soon for it to be registered at court.

Since you filed your Defence before the Claimant discontinued, they cannot re-issue a claim based on the same or substantially the same facts

Di

I sent a copy of the Consent Order to the Court previously and have also emailed it to them a couple of times in case they had not received it. The last time I spoke to the Court they told me I, as the Defendant, have to personally request that the Court sets aside the judgement and removes it from my credit file. She told me it would not happen automatically just because a Consent Order had been filed. She told me that if I emailed in my request then she would keep an eye out for it and escalate it but I sent in the request that same day (about 2 or 3 weeks ago) but the judgement has still not been removed.

I called Trust Online yesterday and they told me they had had no notification from the Court to remove it and told me to call the Court to request they do so. When I told her which Court it was, she said "Oh no, good luck getting through to them!"

I have tried calling the Court this morning but after an hour of waiting the line cut off automatically.

[5345jacqueline]

Re: Default Judgement Received Against Me - Next Step To Take?

Hi, I have read your post and it is very similar to my position. In February 2015 I was taken to the county court by JB Leitch acting for Solitaire/OM Management and now known as First Port. Once arrived at court JB Leitch solicitor approached with a Tomlin Order which I refused to sign, they then gave me a Notice of Discontinue. The amount was over £7,000 and JB Leitch fees were over £6,000. They than took me to court again, this time it was held before a Judge, it was 2 days ago and I was rubbish in talking and a ccj was issued against me. If I provide further details can anyone help me. Thanking you very much.

[charitynjw]

Re: Default Judgement Received Against Me - Next Step To Take?

Hi 5345jacqueline & welcome to LB.

If you would like your own thread, I'm sure our [MENTION=49370]Kati[/MENTION] can oblige.
It gets confusing having 2 cases on the same thread; even if they are similar, your facts will be unique to your particular situation.