Set Aside, help needed!

[angry cat]

Just found out about a CCJ that was obtained 5.5 years ago.

 

The claim form was received and acknowledged; The full amount of the claim was disputed and the box was ticked.

The claim form was returned to Northampton County Court Bulk centre and was received by them within time.

At the bottom of the claim form it stated:

Give an address to which notices about this case can be sent to you.

The address given differed to that of which was the claim form was sent to.

 

However, it has now come to light (5.5 years later) that the claimant obtained a Judgement for Claimant (in default) and that judgement was sent to the original address and NOT the address as shown at the bottom of the claim form; the address were notices should have been sent.

 

Therefore, the judgement was never received and;

the judgement stated: You have not replied to the claim form, which of course was untrue!

 

So, now am looking at getting the iregular judgement set aside, as clearly the documents were not served correctly.

 

Now, I know that this will probably be an almost impossible task, due to the length of time that has passed since the Judgement was awarded.

However, there are mitigations due to ill health and the inabliity to handle finances at the time, which are well documented.

 

Am thinjking about obtaining a letter from the family GP

[angry cat]

Sorry having trouble amending the above typo:

I am thinking about obtaining a letter from the family GP, which will back up the issues re: health problems.

 

But, what is the advice?

Too late to get the judgement set aside?

 

Please, advise.

 

Thanks

Edited December 30, 2010 by angry cat
typo

[Mr Worried]

Hi Cat

 

Blumen heck, I nearly choked on my home made corned beef & onion pie Ha Ha.

 

5.5 Yr ago, why the hell did you not find out what happened when your case was due at court ' Hearing ' surely you would have kept a tab on what was happening?

 

Mr, Astonished at times.

[angry cat]

Hi Cat

 

Blumen heck, I nearly choked on my home made corned beef & onion pie Ha Ha.

 

5.5 Yr ago, why the hell did you not find out what happened when your case was due at court ' Hearing ' surely you would have kept a tab on what was happening?

 

Mr, Astonished at times.

 

Mr. Worried, the CCJ does not apply to me personally. It relates to someone I am trying to assist;

the individual concerned had major health problems the time, which impacted on their ability to deal with financial matters.

Although, it is clear that the claim form was acknowledged and the claim disputed.

However, because the claim was then moved from Northampton to the local county court; no further papers were received, because the party concerned was no longer living at the address on the claim form; the court/claimant did not send any further papers to the new address, as was requested by the Defendant at the bottom of the defence/counter claim form. Thus, the default judgement was awarded.

 

As stated prior, the CCJ has only been discovered via the Registry trust.

Edited December 30, 2010 by angry cat
typo

[Mr Worried]

Mr. Worried, the CCJ does not apply to me personally. It relates to someone I am trying to assist;

the individual concerned had major health problems the time, which impacted on their ability to deal with financial matters.

Although, it is clear that the claim form was acknowledged and the claim disputed.

However, because the claim was then moved from Northampton to the local county court; no further papers were received, because the party concerned was no longer living at the address on the claim form; the court/claimant did not send any further papers to the new address, as was requested by the Defendant at the bottom of the defence/counter claim form. Thus, the default judgement was awarded.

 

As stated prior, the CCJ has only been discovered via the Registry trust.

 

 

 

 

 

Hi Cat

 

Now that is better, I thought with over 6k in posts you must have dropped a big clanger but your simple explanation relieves my worries for you / your mate.

 

Whilst I can fully understand this predicament yet not being able to answer your question how I would like to if I were you I would speak to the courts and get their input as to the set aside, ( seems fair grounds ).

 

Hang on a little while for more answers from here and after the hols get onto the courts for the help to assist your collegue.

 

Mr W

[IdaInFife]

have they been paying anything towards the ccj?

 

has any enforcement action ebeen taken?

[Mr Worried]

Surely they would be in the dark about this, considering they only found out about ccj?

 

Mr W

 

 

 

have they been paying anything towards the ccj?

 

has any enforcement action ebeen taken?

[angry cat]

have they been paying anything towards the ccj?

 

has any enforcement action ebeen taken?

 

Hi Ida!

 

No enforcement action has been taken and no monies have been paid towards the CCJ.

 

As stated prior, the party concerned knew nothing about the CCJ until recently when phishing letters were sent out by the DCA/Claimant;

these letters were passed on to me to deal with. Therefore, I then checked on the Registry Trust website on behalf of the party concerned.

[angry cat]

Surely they would be in the dark about this, considering they only found out about ccj?

 

Mr W

 

Yes, the party concerned knew nothing about the CCJ.

How could he/she know, the judgement in default was sent to the wrong address, as well as other papers.

 

Now, I have to sort out the muddle...

 

One wonders how many people find themselves in this situation. Especially those who had physical health problems that turned into psychological health problems?

 

Anyhow, much advice is needed in order to gain a set aside.

 

X

[ploddertom]

I appreciate the time scale to this. However did your friend owe the money? I'd be inclined to let it go the next 6 months and slide off the CRA radar. If it then resurfaces the Claimant has the hassle of going back to Court and try to explain why they have left it so long to resurrect it.

 

PT

[angry cat]

Nothing to do with the CRA's.

The DCA/Claimant is now attempting to take enforcement action, after 5.5 years of no enforcement?

 

There are charges involved, and I am attempting to get matters put back to the status quo.

 

Clearly, the party concerned did not have the mental capacity at the time to deal with matters such, due to a life threatening illness and then depression.

 

To be honest, I am not interested in moral responsibilites re: debt. But, more the technicalities of law, fairness and justice!

[ploddertom]

In that case if it is a Warrant of Execution then they will probably fall under the "vulnerable" category. Although I agree about the correct address not being used originally I think you will still have an uphill battle for Set Aside. In my view Set Asides I have seen still require the "Defendant" to have some means of making payment if they admit they owe. On the other hand using the mental capacity "defence" may be a better bet particularly if it can be backed up by professionals.

 

PT

[angry cat]

No chance of a Warrant of Execution, the party concerned has no assets.

[diddydicky]

i beg to disagree

 

normally the "rule " is that the set aside should be made as soon as possible- however - in reality the fact of when it comes to the attention of the defendant is also important

 

IF the court papers had been sent to the defendant - at the address nominated for service on the courts files then- despite their illness- the court would probably rule that there MUST have been someone dealing with then defendants mail at the time even if the defendant themselves was ill- and the application might fail

 

However, As it is, the court itself contrived to muddy the waters by the papers to an address which was not one that it had on record for service and therefore it is MY personal opinion- that the two events combined- will make a set aside a formality

 

furthermore- a creditor requires the consent of the court to pursue a CCJ after 6 years of inactivity and the fact that the creditor has done nowt in 5.5 years will also sway the judge

 

The fact that the defendant has no assets means that if the creditor wins- they lose- since the art of getting blood out of a stone has still not yet been perfected

 

i would be sure to make the creditor fully aware of the defendants circumstances - so that any future costs applications they may try to claim are likely to be slapped down- i would be surprised indeed if they would bother to defend the set aside application if they are made aware that the defendant does not have the proverbial pot to urinate it