If you do want to have the judgment set aside then send a completed Form N244 to the court. If you want to speak to the creditor about a payment arrangement then write a letter to them.

Regardless of the legal position, which in any event suggests you should honour your contract, you may want to just send the item and buy your own replacement if they're so cheap because negative feedback will surely follow if you don't!

Yes, the reference in 10.1 to an Extended Term suggests that there's probably more to this than meets the eye. The OP will need to look very closely throughout the contract for any other references to an Extended Term to find out precisely what it is and when it comes into effect.

I'm also hopeful for some news on this, reading the thread it's impossible not to feel considerable sympathy for the OP. Having said that, I really hope The Mould's frankly bizarre advice was given the weight it merited and the OP was able to make some headway.

It may be worth saying that you're not prepared to pay any CCJ more than 6 years old without the court having granted permission to the creditor to enforce it.

What exactly was agreed in mediation? Was any agreement reduced to writing and, if so, what did it say?

Well, a debt can be statute barred but only if a claim is not started within 6 years of the breach occurring. This does not apply to CCJs which, as said, can be enforced indefinitely although the court's permission is needed after 6 years. I think your ex may well have misunderstood how statute barring works.

I don't wish to be insensitive but, given the nature of this case and your personal difficulties, you may wish to show the bills and tariff to a friend or family member who can have a second look at them to see if there is anything you've misinterpreted or misunderstood. It's worth doing this at an early stage because most judges are very intelligent and well versed at interpreting documents and they may simply not see the difficulty you had.

You're forgetting that there remains the option to have a regular judgment set aside, it's simply a matter of discretion rather than a right so if the Defendant had a good reason for missing the deadline then, assuming they have a defence with merit, the judgment may still be set aside. The extract I produced shows that once the time for filing a defence has expired the Claimant is entitled to seek a default judgment and therefore any such judgment can not be irregular.

An extract from CPR Part 12: (2) Judgment in default of defence may be obtained only – (a) where an acknowledgement of service has been filed but a defence has not been filed; (b) in a counterclaim made under rule 20.4, where a defence has not been filed, and, in either case, the relevant time limit for doing so has expired. This also corresponds with common sense of course because were it otherwise a Defendant could just file an acknowledgment of service, never bother with a defence and then have the judgment set aside as of right; which would be absurd.

I don't know where people get this idea from that 'putting the account into dispute' somehow means they don't have to pay or that they can't be taken to court! Obviously if an account is in dispute the court is well placed to deal with it and based on what the OP has said it doesn't sound as if any points of real substance were raised save for an issue about a document request which the judge made a finding of fact on.

It's not up to you and your ex to decide which of you pays a CCJ. Whoever is named on the judgment is responsible for paying the CCJ and if you are both named then you are both equally liable. You can't avoid paying a CCJ you're named on because you agreed your ex would pay it. What CitizenB says about enforcing old judgments is correct although in my experience the court isn't quite so certain to tell creditors they've had their chance. It's possible an application could be made successfully, particularly if they've been chasing one or both of you intermittently without success for a while.

Unfortunately that's not correct. An acknowledgment of service merely extends the time for filing a defence, if one still isn't submitted in time then the Claimant is entitled to seek a default judgment which, barring other deficiencies, will he regular.