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numnumnum

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  1. From your earlier posts (apologies if I've misunderstood): -you have a default judgement against you already -you owe £350 (rightly or wrongly) -if you do nothing, you will have to pay that A request for a set aside hearing will cost you £255 whenever you do it. If you did it straight away, you might have avoided a ccj being logged with CRAs (assuming successful set-aside). This is now impossible to avoid in my opinion before the 28 day cutoff. If avoiding the ccj being logged is your top priority then you need to decide your next step - paying £350 within 28 days of judgement will do that. The case I have personal knowledge of involved the set aside request being filed with mcol on the day of the default judgement. Once the case is finished, I will post documentary evidence as people think I'm taking the ****.
  2. Yes, it can take time. I've seen a default judgement set aside within 20 days of the judgement - took some effort asking mcol staff to transfer ASAP and sweet talking local court staff to do their best with the court's diary. Not saying it is easy and certainly not guaranteed but it can be done. If you're paying £255 to try for a set aside, might as well try to get it done as quickly as possible and avoid the hassle of CRAs getting the ccj on their books - especially if you're thinking of applying for any kind of finance in the next few months.
  3. Once the set-aside is received, it gets transferred to your local court - that's where they consider your written request and confirm a hearing to actually get it set aside. Time is of the essence if you want to beat the 28 days of course.
  4. An n244 only needs to show a reasonable chance of successful defence to get a set-aside. Talk to the court staff when submitted and politely ask if there's anything they can do to get you a hearing as soon as possible - I know someone who did just that hence the suggestion. Court staff are often friendly, understand your predicament and appreciate being spoken to like humans. If you're set-aside after 28 days from default judgement, the CRAs will have the ccj and you need to work to ensure they're removed.
  5. they don't know who was driving, tell them you know that and invite them to prove otherwise. They can't so the pofa comes into play. Prepare for debt collection letters threatening everything, ignore the lot until a letter before claim.
  6. I would send via recorded delivery - that way you can prove the docs actually arrived. It's all well and good for courts and solicitors to 'fire and forget' assuming the paperwork arrives by default but unfortunately it doesn't hold water when you do the same and it gets lost. And this way, the Claimant's solicitor can't claim it didn't arrive when they've actually "misplaced" something.
  7. Use an N244 to get a set-aside hearing pronto - then contact the court and explain you need the hearing within 28 days of the initial judgment to ensure the CCJ will not exist and you're back to defending the initial claim. Then you can beat them and attempt to recover costs - possibly by a counterclaim depending on circumstances.
  8. Usual nonsense from Gladrags. HX are getting noticed these days. Kenny (the director) is keen to hide where they actually operate - they have an office in the Elsie Whitely Innovation Centre, Hopwood Lane, Halifax. The registered address in Lytham has 20+ companies registered there (i.e. just a convenience) and the Huddersfield address is just a mailbox at Mailboxes Etc. They do litigate and they seem to happily follow Gladdy's, no-one from HX will appear at court, Gladdy's will attempt to do it on paper alone and will try to mislead you. Don't fall for anything - check any wording from Gladdy's e.g. if they send you an email or letter with a court document (e.g. an N180) check that it says it has actually been filed with the court, not that "it will be filed with the court" - this is a ploy to get site of your docs before filing theirs. They also are regulars for claiming CPR 31:14 isn't applicable (it is until the court allocates to track so make sure you USE IT). Having said that, among the large numbers of ongoing claims, I don't think Gladdy's can join the dots and know which claims are less likely to succeed - they just push them all knowing that the mugs at the car parking company pay their bill either way.
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