CCJ by Default - Claim Form not received

[Diana M]

Re: CCJ by Default - Claim Form not received

Anyway, I don't suppose my feelings are at all relevant here, we just need to work out the best solution.

Your feelings are very relevant!

You've done everything in your power to protect your partner from being troubled by your past. There will be a way forward which doesn't disrupt that.

If your name is not on the property then you need not fear any enforcement that way.

There's always the possibility that you could get the Claimant to consent to the set-aside but to do that they will have to be told the reason (you live elsewhere).

Di

[Inthemire]

Re: CCJ by Default - Claim Form not received

Is the potential address issue the only way we could possibly attempt to set it aside? Could there be any other valid reason apart from that or has it gone too far?

[Diana M]

Re: CCJ by Default - Claim Form not received

Is the potential address issue the only way we could possibly attempt to set it aside? Could there be any other valid reason apart from that

I can't think of any other reason.

When you make an Application for a set-aside you file it with a Witness Statement and Exhibits to support the reason why you believe the court should accept your contention that you didn't receive the claim form and the Claimant would/should have known the correct address for service.

(You also file a Draft Defence so the court can see it's worth their while agreeing to your request.)

Di

[Inthemire]

Re: CCJ by Default - Claim Form not received

Ok. So we would apply to set aside based on the fact that the claim form was not received. How about the draft defence? What would that be based on?

[Inthemire]

Re: CCJ by Default - Claim Form not received

Sorry, I hope I'm not asking too many questions.. I'm just extremely anxious about it all and want to be sure I'm making the right decision.

I suppose what I want to know now is whether you think I will be able to convince the judge that I have a defence that has a real prospect of succeeding? I'm not sure what I would be relying upon.

[Diana M]

Re: CCJ by Default - Claim Form not received

The original creditor was Barclaycard.

. . . I could try and get up the loft and find out a more accurate date if that will help in any way.

Perhaps a trip to the loft would be a good start. The opening date of the account is important and that might differ from the date stated on the POC.

Was the account always a Barclaycard or could it have started life as an Egg credit card?

Does your Mum simply give you any letters which arrive at her home or does she open them to tell you what's inside?

Have you received any previous correspondence (via her) from MKDP, Hoist, Robinson Way, Howard Cohen etc?

The Claimant would need to produce the NOA and the DN which were presumably sent to your Mum's home so you can say hand-on-heart that you never received them (unless Mum passed them to you) since you were living elsewhere at the time. Although looking at the dates it's possible the DN would have been sent before you moved to your current address.

Di