Chance to set aside default CCJ

[hau456]

Hi, I was too late submitting my acknowledgment of service and subsequently received a CCJ following default judgment.
At the earliest opportunity I had emailed the claimant asking for documents but not received to date. Is it worth applying to set aside judgement considering I was late submitting AOS?
The following are the documents requested from the claimant:
1. Agreement / Contract
2.Default Notice
3. Notice of Assignment

[atticus]

Yes. It will help if you can state your defence.

[hau456]

Thank you for your prompt response, I wasn’t expecting so quickly, much appreciated. I’ll gather all the relevant information and post up

[atticus]

I meant that it will help if you can state what your defence to the claim is when you apply to the court to set the judgement aside.

[hau456]

I meant that it will help if you can state what your defence to the claim is when you apply to the court to set the judgement aside.

Hi, My response will simply be the template from this website as follows. I have no excuse for not submitting the AOS in time.
I also realise the judgement letter is dated 23rd May.

1.The Defendant received the claim K********** from the Northampton County Court with issue date of **/04/23

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974.

4.It is claimed that the Defendant has entered into an agreement with 'Shop Direct' for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim states the agreement was entered into, no date provided.

8.The Claimants statement of case states that the account was assigned from Shop Direct to Lowell Portfolio I LTD on or around **/05/22. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Shop Direct served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10.On the **/5/23 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11. Overdales Solicitors has not sent any of these documents to the Defendant.

12.On the **/5/23 The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

14.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

15.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead their case else the Claim should stand struck out.

16.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

17.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

[I believe][the (claimant or as may be) believes] that the facts stated in this defence are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.