CCJ Set Aside - Full Defence Requested by DJ

[MsB]

I discovered a default judgement on my credit report in January 2020 for £471 (CCJ dated 04.06.2018 from Motormile Finance/Moriaty Law), this judgement was linked to an unknown and unassociated address. The debt was a Payday loan from 2012 and the Co were advised of my current address at that time (same address at time of default judgement).

I made an N244 application for this judgement to be set aside which included a witness statement, draft defence and supporting documents/exhibits. The set aside hearing was set for the 22.05.20, the case was to be heard on papers alone and no parties were to attend due to Covid-19 restrictions. Since submitting the N244 document and receiving the court hearing date I received no further paperwork, despite the Court stating that the Claimant sent in a supporting statement on the 14.05.20

On the 5.06.20 I received N24 General form of Judgement or Order which stated the following..

Upon considering the defendenat's application dated 28.02.20 with supporting statement and claimant's letter/email dated 14.05.20. The court being satisfied thaty the claim form was not properly served.
IT IS ORDERED THAT
1. The judgement against ************** dated 04 June 2018 be and is hereby set aside
2. The defendant must file and serve a fully pleaded defence by 4pm on the 19 June 2020
3. No order for costs

This is the only information I have received and the Court, when I called, would give me no further information that what is written above and because there was no hearing, not even by telephone, I can get no further clarity on what on earth I need to do now.
I have never denied I owe the money, but I am completely stumped with what more I can add to my defence. Ideally I would like like to make an agreement to repay the debt but I am unsure if the order to set aside is dependent on my submitting a Defence?
I would be extremely grateful for any advice available as time is running out and despite spending hrs on the internet trying to research this, I don't know what to do and cannot afford legal advice.

Many thanks

[R0b]

Hi,*

I'm not sure what it is you are so confused about. The order speaks for itself and makes it clear you are required to file your defence with the court and serve it on the claim by the required date. The order does state a fully pleaded defence which suggests the defence you submitted may not have been compliant with the Civil Procedure Rules, or maybe it was compliant but is the standard wording given by the judge. You'll need to upload your defence so we know what you've said.

Anyway, there are two options really: come to a settlement with the claimant before 4pm on 19th June or file and serve your defence by then and continue to negotiate a settlement. If you don't file a defence by the date given, the claimant will be entitled to request default judgment.



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[MsB]

Thank you for your response

I am unclear whether the judgement has been set aside or whether this is solely dependent on me filing a defence ?
If I was to try and reach a repayment settlement with the Claimant directly, would I need to advise the court of this?

The draft defence i submitted, (along with a witness statement and supporting documents) is as follows...

DRAFT DEFENCE
______________________________________
1. It is admitted that the Defendant entered into an agreement with Pounds2Pocket (T/A QuickQuid) dated 19.01.2012. Following financial difficulties, the Defendant fell into arrears and the account fell into default on the 30.04.2012.
2. The original claimant was made aware of the Defendant's address on the 04.02.2013 and at the time of the judgement in June 2018, the Defendant's post was been redirected to the current address (*******) until March 2019
3. Default Judgement linked to an unknown, un-associated address, meaning any paperwork was not received by the Defendant, therefore, the Defendant was not served with the necessary paperwork to submit a defence or resolve the matter within the statutory period
4. No correspondence at all has been received by the Defendant from Motormile Finance UK Ltd or the Solicitor, Moriaty Law since the claim was assigned to them in November 2016. Motormile Finance have been found to be liable for historic failures in their due diligence and collection process and the Defendant believe this case reflects such failings
I believe the facts stated in this Defence are true


Many thanks for your time

[R0b]

1. The judgement against ************** dated 04 June 2018 be and is hereby set aside

I think that's pretty clear, don't you?

When a default judgment is set aside, the parties are put to the position prior to the default judgment being entered, which was for you to acknowledge the claim and/or then file a defence. This is exactly what the order states, nowhere does it say the set aside is conditional on you filing and serving a defence unless my eyes are deceiving me.

Nothing in that defence which denies the claim, if you were to submit that as your defence, you will be taken to admit that the debt is owed. Pound2Pocket could very easily obtain summary judgment and you would be liable for that debt.*Also that draft defence doesn't comply with the Civil Procedure Rules because it is not properly set out with the right headings and your statement of truth is out of date too, that has now changed.

Do you have a copy of the claim form or particulars of claim submitted by Pounds2Pocket, very difficult to see any defence without knowing what it is they have pleaded.

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