Capquest Judgement Set Aside - Now What

[hitheresir]

Hi there,

Recently I noticed that there had been a default judgement from Capquest applied at a previous address, one of which I had not lived at for over 12 months and had informed them multiple times with zero response.

I applied for the case to be set aside, I was annoyed that Capquest had gone about this that way, and felt they had deliberately done this to get a default judgement passed with which they knew I'd have little chance of responding to. Although the Capquest solicitor tried pretty persistently to get the mandatory set aside judgement ignored, the judge agreed that the information I presented (copies of email and letter to them) that Capquest had not provided a good service in issuing the claim, so it would be set aside!

The judge laid out that I have 14 days to put in a defence, whereby Caquest will then look to make a settlement or have the case sent to the small claims court. So I'd like to ask, what do I do next and have a few questions below:

1.) Will the court send a letter of the outcome of the set aside and the hearing with next steps, or should I just get on with it from my end?
2.) What forms do I need to send to the court, is it an N1?
3.) Also in terms of getting this off of my credit reports what is the best and quickest way to go about that too?

Thanks in advance.

[Kati]

Re: Capquest Judgement Set Aside - Now What

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

[nemesis45]

Re: Capquest Judgement Set Aside - Now What

Hi there,

Recently I noticed that there had been a default judgement from Capquest applied at a previous address, one of which I had not lived at for over 12 months and had informed them multiple times with zero response.

I applied for the case to be set aside, I was annoyed that Capquest had gone about this that way, and felt they had deliberately done this to get a default judgement passed with which they knew I'd have little chance of responding to. Although the Capquest solicitor tried pretty persistently to get the mandatory set aside judgement ignored, the judge agreed that the information I presented (copies of email and letter to them) that Capquest had not provided a good service in issuing the claim, so it would be set aside!

The judge laid out that I have 14 days to put in a defence, whereby Caquest will then look to make a settlement or have the case sent to the small claims court. So I'd like to ask, what do I do next and have a few questions below:

1.) Will the court send a letter of the outcome of the set aside and the hearing with next steps, or should I just get on with it from my end?
2.) What forms do I need to send to the court, is it an N1?
3.) Also in terms of getting this off of my credit reports what is the best and quickest way to go about that too?

Thanks in advance.

You will receive a General Form Of Judgment or order laying down what both parties Must do and when it must be filed.
You have to file a defence that has a reasonable chance of success, this is not a " court form" there's specimen defences in the green box on the main forum page have look at those and make a draft then post here we can then go through it with you.

Having the claim set aside/ struck out does not mean that the underlying debt is wiped out it becomes unenforceable via the courts.

The Information Commissioners Office regulates the way accounts are reported on credit files and it expects credit file to be an accurate and up to date picture of the conduct of the account meaning the file will remain until the 6th anniversary of the default date when it will be removed paid or not.

What is the debt, what type of account card, loan, current/overdraft?
What is your defence going to be based on?

nem

[nemesis45]

Re: Capquest Judgement Set Aside - Now What

tagging @Amethyst @nemesis45 xx

Replied thanks Kati xx

nem

[hitheresir]

Re: Capquest Judgement Set Aside - Now What

Thanks Nem. I will check out the files you mentioned, good to know there will be next steps also sent in writing via the court.

Amount is for a credit card, it's already been set as a default and gone off the credit report after sitting there for six years, but Capquest I feel waited until this happened, then issued the court proceedings after. To be honest it should be statued barred, but after they ruthlessly harresed a family member on the debt I made a minimal payment in 2012. They have never proved that I owe the debt.