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Bank seeking to set aside default CCJ awarded in my favour

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  • Bank seeking to set aside default CCJ awarded in my favour

    Hi, can anyone help? I have recently been awarded a CCJ by default against a major UK bank, which had failed to respond to the claim since it was originally filed (as a small claims action online) more than six months ago. The bank is now seeking to have the judgment set aside on the basis it was unaware of the action and, if given the opportunity to respond, could successfully defend or have it struck out. What can I do? Many thanks!
    Tags: None

  • #2
    usual they try to get their ducks in a row - HSBC would that be? they would say that all it would do is case start from scratch should get it set aside.

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    • #3
      Thanks for your insight - it's not HSBC actually, but if they continue their aggressive posturing I shall have no hesitation in naming and shaming them publicly. The distinct impression appears to be that they are above having a CCJ made against them and rely on legal might and bullying tactics to ensure they're exempt from such things that fully apply to the rest of us.

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      • #4
        What you could do is send them a Subject Access Request, make it a general one, so they don't know why you want it. They have 30 days to provide all the data on the account. That might show that they were aware of the action against them. Make sure you get Proof of Postage.

        https://legalbeagles.info/library/gu...ccess-request/

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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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