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#Post#: 43840--------------------------------------------------
CCJ awarded against me by default-
DIR By: pirell
Date: November 4, 2024, 3:52 am
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morning all, some advice please.
This CCJ was awarded against me by default. I submitted the AOS
on the same day i travelled for holiday (5th Sept) and returned
on the 29th Sept. I genuinely had no idea that i was supposed to
submit my evidence along with the AOS i sent in which stated
that i "intended to defend all of the claim". I had thought that
i was going to be notified again when a court hearing or
mediation would be arranged by the court and i did not submit
any further evidence as the default ruling came by a big
surprise. when i rang up the court, the clerk i spoke to said i
was expected to send in my evidence after i sent in the AOS and
they did not receive anything.
Please what are my options, as i am in a mortgage process and
this could not have come at a worse time for me and family.
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#Post#: 43853--------------------------------------------------
Re: CCJ awarded against me by default-
DIR By: b789
Date: November 4, 2024, 4:50 am
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What was the "issue" date of the claim and on what date did you
submit the AoS? From which dates were you away?
For information, the claim is deemed served 5 days after the
issue date. You then have 14 days from that date to submit the
AoS. By submitting the AoS within the deadline, you then had 33
days from the issue date (plus any non working days if the 33rd
day is a weekend or bank holiday) to submit your defence.
Until we know the answer to the above questions it is difficult
to provide further advice.
If the CCJ amount is paid in full within 28 days of the
judgment, there is no record of it on your credit file. It is
completely expunged from the record. If it isn't paid within the
28 days, it will remain on your credit record for 6 years and
will cause untold financial pain. Paying it after the 28 days,
does not remove it. It only marks it as "satisfied", which is
about one degree less painful than a unsatisfied one.
However, by paying it, you are, in effect, admitting liability
and it would be almost impossible to get set aside. Once we know
the answer to the questions above, we will have a better idea of
how to vest proceed with a set aside application if you want to
go down that route.
#Post#: 43854--------------------------------------------------
Re: CCJ awarded against me by default-
DIR By: pirell
Date: November 4, 2024, 4:55 am
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--- Quote from: b789 link ---
>
> What was the "issue" date of the claim and on what date did
you submit the AoS? From which dates were you away?
>
> For information, the claim is deemed served 5 days after the
issue date. You then have 14 days from that date to submit the
AoS. By submitting the AoS within the deadline, you then had 33
days from the issue date (plus any non working days if the 33rd
day is a weekend or bank holiday) to submit your defence.
>
--- End Quote ---
the issue date was the 1st September, and i submitted the AOS on
the 4th, i had a holiday booked and was away from the 5th
September to 28th.
#Post#: 43855--------------------------------------------------
Re: CCJ awarded against me by default-
DIR By: b789
Date: November 4, 2024, 4:58 am
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Are you positive that the claim was issued on 1st September?
That is a Sunday. Please show us the N1SDT claim form. Leave all
dates and the Particulars of Claim (PoC) showing.
#Post#: 43858--------------------------------------------------
Re: CCJ awarded against me by default-
DIR By: b789
Date: November 4, 2024, 5:06 am
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If the claim was indeed issued on Sunday 1st September, you had
until 4pm on Friday 4th October to submit your defence. You
don't submit "evidence" with a defence. That comes later with
your Witness Statement (WS).
You have obviously misunderstood the requirements and ignorance
of the procedure is not a valid defence.
In your case, where a County Court Judgment (CCJ) was awarded by
default, you have the option to apply for a set aside of the
default judgment. Here's a breakdown of your options and steps:
1. Apply for Set Aside under CPR 13.2 or CPR 13.3
CPR 13.2 (mandatory set aside): This applies if the judgment was
entered irregularly or if you were not properly served. Based on
your description, you probably don't have grounds under CPR 13.2
as the issue stems from a misunderstanding rather than a service
problem.
CPR 13.3 (discretionary set aside): This is likely more
applicable here, as it allows for set aside if:
[indent] You have a real prospect of successfully defending the
claim.
There is a compelling reason for the court to set aside the
judgment to avoid injustice.[/indent]
Since you submitted the Acknowledgment of Service (AoS) stating
your intention to defend, but misunderstood the next steps, this
could be considered a genuine mistake. The court might exercise
discretion under CPR 13.3 if you can show that you had intended
to defend the claim and have a viable defence.
2. Steps to Take:
Submit an N244 Application: This is the form you use to apply to
set aside the judgment. Heres what to include:
[indent] State that you misunderstood the process, genuinely
believed you would be notified about the next steps, and were
unaware that you needed to submit your defence right after the
AoS.
Highlight that the default judgment came as a complete
surprise, and the delay was not due to negligence or disregard
for the process.
Emphasise any defence points you have against the claim, as a
viable defence strengthens your application.[/indent]
Explain your Defence Points: If you have a valid defence to
the claim (for example, questioning the particulars or grounds
for the claim itself), outline this in your application.
Attach Evidence: Include any supporting documents, such as the
AoS and any correspondence indicating your intention to defend
the claim. Mention your return from holiday on 29th September,
which prevented you from following up sooner.
3. Application Fee and Potential Outcomes
The set aside application fee is £303 (N244 form), but if
successful, you can request reimbursement from the claimant.
If the court grants the set aside, it will cancel the default
judgment, and you will be allowed to defend the case from the
beginning if the judge does not strike out the claim for the
usual CPR 16.4 failures.
Given the details youve provided, emphasising that your
misunderstanding was genuine, combined with a strong prospect of
defending the claim, should bolster your case under CPR 13.3.
#Post#: 43891--------------------------------------------------
Re: CCJ awarded against me by default-
DIR By: H C Andersen
Date: November 4, 2024, 7:14 am
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IMO, the OP's dates don't suggest they misunderstood but the
fact remains that somehow a default judgment was entered and,
putting aside a straightforward court c**k-up, this could only
have occurred if the AOS was not submitted in due form by the
latest date.
You won't know which of the possible procedures to follow which
are set out in bp's comprehensive post until the issue of the
AOS is resolved.
OP, only you know so over to you.
#Post#: 43893--------------------------------------------------
Re: CCJ awarded against me by default-
DIR By: b789
Date: November 4, 2024, 7:23 am
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In which case... what does your MCOL history say? Does it say
that the AoS was received?
The order only states that "the claim was not responded to".
#Post#: 43911--------------------------------------------------
Re: CCJ awarded against me by default-
DIR By: pirell
Date: November 4, 2024, 9:58 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Are you positive that the claim was issued on 1st September?
That is a Sunday. Please show us the N1SDT claim form. Leave all
dates and the Particulars of Claim (PoC) showing.
>
--- End Quote ---
youre probably right then if its sunday, it may have been a few
days before. I cannot find the letter now, but i know when i saw
it i aimed to reply asap as i was going to be away on my trip
hence getting it back to them by the 5th Sept.
#Post#: 43914--------------------------------------------------
Re: CCJ awarded against me by default-
DIR By: pirell
Date: November 4, 2024, 10:13 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> IMO, the OP's dates don't suggest they misunderstood but the
fact remains that somehow a default judgment was entered and,
putting aside a straightforward court c**k-up, this could only
have occurred if the AOS was not submitted in due form by the
latest date.
>
>
> You won't know which of the possible procedures to follow
which are set out in bp's comprehensive post until the issue of
the AOS is resolved.
>
> OP, only you know so over to you.
>
--- End Quote ---
my understanding of the process was wrong i submitted the AOS,
although i did not receive a confirmation of this at the time. i
thought i was then going to be contacted as i have in other PCN
cases like with an adjudicator, by the court with a date for me
and the claimant to attend. I did not realise that i was
supposed to send in evidence at a later date.
it was when i rang up the court to ask why i have a CCJ against
me by default and said i sent in my note that i intended to
defend the claim, i was told they received the AOS but not the
follow up defence. so i guess i will take the 2nd option.
I will look for the initial Parking charge
#Post#: 43917--------------------------------------------------
Re: CCJ awarded against me by default-
DIR By: b789
Date: November 4, 2024, 10:35 am
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So what matters here is the date the claim was issued, the date
of the AoS and the date you returned home. Did you submit the
AoS using MCOL, by email or by post?
If you do not have the claim form to hand (suggesting a
lackadaisical approach to this) you will need to call the CNBC
again and find out the issue date of the claim. If you used MCOL
to submit the AoS, then you should still have access to that and
it will tell you in the history the date of the claim.
You can't simply expect anyone to assist if you can't provide
precise dates.
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