Default Judgement Received Against Me - Next Step To Take?

[apollo18]

Hello, I am new to the forum and hope someone can help me with some advice.

I recently received a default judgement against me for not responding to a claim and I understand the only option to defend the claim is to apply to have the judgement set aside?

I believe I have a strong defence against the claim. What should my next step be and how likely should I expect a judge to agree to set aside?
I read on the forum that I should first contact the claimants and ask them to agree to the judgement being set aside but I am sure they would in no way agree to this - so is there really any point in asking them?

Thanks in advance for any help.

[Kati]

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

tagging [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

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

tagging @Amethyst @nemesis45 xx

Good morning @Kati
nem

[nemesis45]

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

Hello, I am new to the forum and hope someone can help me with some advice.

I recently received a default judgement against me for not responding to a claim and I understand the only option to defend the claim is to apply to have the judgement set aside?

I believe I have a strong defence against the claim. What should my next step be and how likely should I expect a judge to agree to set aside?
I read on the forum that I should first contact the claimants and ask them to agree to the judgement being set aside but I am sure they would in no way agree to this - so is there really any point in asking them?

Thanks in advance for any help.

Good morning Apollo18,

When was the judgement issued?
Why was there no response made to the claim?
Who is the claimant and was the debt.

You will have to have good reason for not responding e.g. the claim was never delivered or was sent to the wrong address.
What would your defence be.

Asking the claimant to consent to set aside the judgment ( Lower fee) is the first step) if they withhold consent then given them notice that you intend to make application to the court for set aside.

nem

[apollo18]

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

Good morning nem,

Thank you for your reply. The judgement was issued on 2 June. I sent back the acknowledgement of service requesting 28 days to send in my defence but the court says they have not received it and I have no proof of posting.

The claimant is my freeholder and they are claiming non-payment of ground rent, service charges, insurance, admin charges, fees and legal costs.

The charges built up after I disputed an insurance amount and did not pay it. They made a claim against me twice before but did not proceed after I sent in a defence.
Most of the fees they are claiming relate to the court fees from the previous two claims even though they did not pursue them after I defended them.

They have given a solicitors address for sending documents and payments. Would I write to the solicitors rather than the freeholder to ask consent to set aside the judgement?

Thanks for your help.

[nemesis45]

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

Good morning nem,

Thank you for your reply. The judgement was issued on 2 June. I sent back the acknowledgement of service requesting 28 days to send in my defence but the court says they have not received it and I have no proof of posting.

The claimant is my freeholder and they are claiming non-payment of ground rent, service charges, insurance, admin charges, fees and legal costs.

The charges built up after I disputed an insurance amount and did not pay it. They made a claim against me twice before but did not proceed after I sent in a defence.
Most of the fees they are claiming relate to the court fees from the previous two claims even though they did not pursue them after I defended them.

They have given a solicitors address for sending documents and payments. Would I write to the solicitors rather than the freeholder to ask consent to set aside the judgement?

Thanks for your help.

Quite a problem Apollo I would write to the solicitors and copy in the freeholder.
It's still worth seeking consent , do you have a copy of your original defence.

nem

[apollo18]

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

Quite a problem Apollo I would write to the solicitors and copy in the freeholder.
It's still worth seeking consent , do you have a copy of your original defence.

Do you mean the defence from the previous two claims? Yes, I still have it.

[nemesis45]

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

Do you mean the defence from the previous two claims? Yes, I still have it.

The one the court/Royal Mail lost?

nem

[apollo18]

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

The one the court/Royal Mail lost?

nem

I did not send the defence, just the acknowledgement of service which then gave me an extra 14 days to send in the defence.

My defence would be that the lease does not allow for fees to be charged, the charge for the insurance was disputed, they have failed to reply to my letters and emails and they have also not sent me a demand for the amount given in the claim. I was also intending mentioning that their claim failed to show a breakdown of the charges which made it difficult for me to defend them (it only showed a total - which was greater than the last demand they sent me). I would also mention the last two claims they made which they did not pursue but have charged me the court costs and dispute that I would be liable for these charges.

[nemesis45]

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

I did not send the defence, just the acknowledgement of service which then gave me an extra 14 days to send in the defence.

My defence would be that the lease does not allow for fees to be charged, the charge for the insurance was disputed, they have failed to reply to my letters and emails and they have also not sent me a demand for the amount given in the claim. I was also intending mentioning that their claim failed to show a breakdown of the charges which made it difficult for me to defend them (it only showed a total - which was greater than the last demand they sent me). I would also mention the last two claims they made which they did not pursue but have charged me the court costs and dispute that I would be liable for these charges.

Cost should only be payable if the claimant wins not for just issuing a claim and then not following through.

I would certainly give notice/seek consent to set aside asap.

nem

[apollo18]

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

Cost should only be payable if the claimant wins not for just issuing a claim and then not following through.

I would certainly give notice/seek consent to set aside asap.

nem

The main thing I am worried about at this stage is whether the judge will accept that I sent off the AoS. From what I've read judges can be very strict on what they will accept without proof. It would be very frustrating if he disallowed it for that reason as we all know things get lost in the post. In retrospect I should have gone into the Post Office and got a certificate of posting.

I don't expect the freeholder or their solicitors to agree to consent to setting aside the judgement as there is no benefit for them and is extra work when they already have judgement - but I'll give it a shot as there is nothing to lose (except time, especially if they take ages to reply or fail to reply, as is usually the case with them).

Should I inform the court that I am asking consent from the claimant to set aside the judgement?

Thanks for the help and advice nem, I really appreciate it.

[nemesis45]

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

The main thing I am worried about at this stage is whether the judge will accept that I sent off the AoS. From what I've read judges can be very strict on what they will accept without proof. It would be very frustrating if he disallowed it for that reason as we all know things get lost in the post. In retrospect I should have gone into the Post Office and got a certificate of posting.

I don't expect the freeholder or their solicitors to agree to consent to setting aside the judgement as there is no benefit for them and is extra work when they already have judgement - but I'll give it a shot as there is nothing to lose (except time, especially if they take ages to reply or fail to reply, as is usually the case with them).

Should I inform the court that I am asking consent from the claimant to set aside the judgement?

Thanks for the help and advice nem, I really appreciate it.

Inform the court once you have their agreement if that doesn't happen then it's down to making an application.

nem

[apollo18]

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

Inform the court once you have their agreement if that doesn't happen then it's down to making an application.

nem

Thanks

[apollo18]

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

The claimant did not respond to my request for their agreement to set aside the judgement so I made an application to the court.

The month in which to pay it to avoid a CCJ being recorded is almost up. Can I pay the amount under protest to avoid the CCJ being recorded while waiting for the hearing? Then if the judge agrees to set aside I reclaim the amount from the claimant but if he doesn't agree then it is already paid?

[Guest]

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

The claimant did not respond to my request for their agreement to set aside the judgement so I made an application to the court.

The month in which to pay it to avoid a CCJ being recorded is almost up. Can I pay the amount under protest to avoid the CCJ being recorded while waiting for the hearing? Then if the judge agrees to set aside I reclaim the amount from the claimant but if he doesn't agree then it is already paid?

You've got the general idea there. A CCJ can have an impact on many areas of your life, not just credit.