Setting aside a court order? Can anyone help me please

[chris170985]

Hi, basically 2-3 years ago somebody off ebay took me to small claims court for not paying for an item. There are many reasons why I decided to cancel the transaction but the seller wasn't interested, I never turned up in court because of a relationship breakdown etc I had many bigger things going on at the time and it simply slipped from me.

 

The judgement eventually got entered in default against me and it was for the full amount. Now a few years on i'm looking to get it removed, I know I have two choices 1. fight it (though I could do without the hassle)

2. Offer the claimant a sum of money to agree to have the order set aside my mutual agreement. I;m guessing because it was entered in default I will be able to do this?

 

The problem I have at the moment though is that I can't get in touch with the guy who originally claimed, I don't think he lives at the same address.

 

Does anyone have any idea what I could do in his absence?

 

I have to get this removed desperatly just not sure how. Thanks

[pt2537]

Regency Rolls Ltd & Anor v Carnall [2000] EWCA Civ 379 (16 October 2000) this is a Court of Appeal ?judgment which confirms that the application must be timely, the court held that 30 days was the maximum which it would allow setting aside a default judgment where the person knew about the claim but filed to failed to defend

[chris170985]

Ahhhhh, not looking good then. If I fight it would this be the same as setting it aside? would the same timelines apply? Or am I just fighting a losing battle?

 

Thanks for your help

[foolishgirl]

You're on a hiding to nothing I think chris.

Wait for 6 years from the date of judgment then it will drop off your records automatically & learn from your mistake.