im having a problem with civil enforcement, i got a form through the post to say CEL was taking me to county court but the letter looks likea photocopie and the court seal is printed and is not signed, was advised to go and register with MCOP on line and send in the acknowledgement of claim which i did, did not hear from the court to say it had being seen, but got a email form a court site saying they would email in 5 to 10 days but heard nothing i then get a form again which looks printed badly saying the judgment has being done by default so would like to know if the court papers are real and if they are not can i do something about it
CEL parking and ccj
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Re: CEL parking and ccj
Yes they are real. You failed to follow the instructions on the original court form you received and did not submit a defence within 28 days. The court do not prompt you. If you are doubting whether the forms are real then phone the court and ask.
Best would be just pay within a month so that a CCJ is not recorded against you, giving you problems for the next 6 years.
You could apply for the judgement to be overturned but you need a good reason and not responding is not a good reason, and it would cost you £250 or so.
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Re: CEL parking and ccj
You needed to acknowledge the claim within 14 days, which you did. This gives you till day 28 after service to submit a defence to the court. Then, after some paperwork the case would have been transferred to you local court.
It would appear that you acknowledged the claim but failed to supply a defence within 33 days from the date of issue. CEL then applied for judgement by default as no defence had been entered to the court.
If it is still within a month of the default judgement then it would be advisable to pay so that a CCJ is not recorded against your name. If it is past the month then the cost of trying to overturn it could be more than the cost of the judgement.
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
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