Default Jedgement and Bailiffs

[mehreen29]

My friend filed a claim against me demanding £3000 that she thinks I owe her. I do not owe her any money and have all evidence to prove it.

 

I received a letter from court and sent the acknowledgement by post and then hand delivered my evidence in the court a couple of weeks ago.

 

Last week, I got a letter through post which was a Default Judgement against me. I rang the court straight away because this is not what I was expecting. The person at court said that they had not received my response. They did not receive my acknowledgement which I am assuming got lost in post (I know it’s my fault, I should have sent it through registered post or special delivery).

 

I was told to pay £80 and send in my paperwork again for the Judge to review the case. I am 100% certain that my evidence will be more than enough to prove that I do not owe her anything but what I am really worried about is that what if Bailiffs knock on my door even before the court reviews my case?

 

I am not entirely aware of what the process is and whether I would receive any communication from Bailiffs before they come out. Can anyone help please? I would be very grateful.

 

Thanks

[i hate bailiffs]

you will have to get the judgement set aside

 

in the mean time with regards to bailiffs if they do turn up keep property secure and prevent them a levy n any goods car ect do not let them in.

 

 

nice friend:|

[ploddertom]

Please note there is more than one scenario available for enforcement.

1 - Warrant of Execution - this is where the County Court Bailiff contacts you before making any visit. A generally amenable person as he is a salaried employee and is not paid on results. If you can prove you are applying for Set Aside he will probably wait until it is heard.

2 - Writ of FiFa - your Judgment being for more than £600 is transferred through the High Court for enforcement. If this happens there will be no prior notice of any visit - they just turn up. Charges are akin to telephone numbers but can be challenged.

3 There are others but think either of the above will be more relevant.

 

PT

[wonkeydonkey]

When making your application to set aside you must also ask execution to the Judgment by Default be stayed pending the outcome of the set aside.Then you have peace of mind the bailiffs will not come a knocking in the interim period to the hearing taking place.

 

WD

[tomtubby]

Make sure that you file the N244 as quickly as possible.....