Hello-
I received a money claim in the post but, as it arrive in an unmarked white envelope and was not expected, it was not opened until about a week after the deadline when I was clearing out junk mail. At which point I replied immediately.
The claim was for libel, which is not allowed in small claims court unless both parties agree and I was not expecting it as no correspondence was sent about resolving the potential money claim before hand.
I was notified that I had a CCJ a few days after I sent the defence and I filed a N244 within 24 hours to request a set aside. It has now been sent to district court for a hearing to be scheduled.
My concern is that this has already demolished my previously pristine credit and you only have 30 days to definitively clear it.
I do not owe on the basis that they cannot pursue it in small claims legally, amongst other deficiencies to how the claim was written, BUT I am worried that, if the court does not set aside on the basis that I was late regardless of whether the claim is valid, I will have to live with the damage.
How strict is the court in upholding default judgements if you can show that you had a solid defence for the claim, were not notified by the claimant before they started proceedings for resolution, but were delinquent in opening your post in a timely manner?
If I pay the claim to clear my credit, would I have a basis to still go through with my set aside and request the money back if successful? (The request for compensation for paying the judgement is not noted in my form as I have already submitted it)
Thank you
I received a money claim in the post but, as it arrive in an unmarked white envelope and was not expected, it was not opened until about a week after the deadline when I was clearing out junk mail. At which point I replied immediately.
The claim was for libel, which is not allowed in small claims court unless both parties agree and I was not expecting it as no correspondence was sent about resolving the potential money claim before hand.
I was notified that I had a CCJ a few days after I sent the defence and I filed a N244 within 24 hours to request a set aside. It has now been sent to district court for a hearing to be scheduled.
My concern is that this has already demolished my previously pristine credit and you only have 30 days to definitively clear it.
I do not owe on the basis that they cannot pursue it in small claims legally, amongst other deficiencies to how the claim was written, BUT I am worried that, if the court does not set aside on the basis that I was late regardless of whether the claim is valid, I will have to live with the damage.
How strict is the court in upholding default judgements if you can show that you had a solid defence for the claim, were not notified by the claimant before they started proceedings for resolution, but were delinquent in opening your post in a timely manner?
If I pay the claim to clear my credit, would I have a basis to still go through with my set aside and request the money back if successful? (The request for compensation for paying the judgement is not noted in my form as I have already submitted it)
Thank you
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