Judgment for claimant...advice please

[carts69]

I have received a judgment for claimant form having not replied & returned a claim form, I dispute this debt it relates to on the grounds that I believe its over 6 years old since my last payment on it, can anyone advise please on whether I should try to get this set aside & what steps I should take? Thanks in advance

[honeybee13]

Hello and welcome to CAG.

 

I'll move your thread to the legal forum, where the guys will be able to help. I'll leave a short term redirect for you to follow from this forum to the new one.

 

My best, HB

[mjt2013]

Why did you not respond to the claim?

[carts69]

I personally thought it was not genuine & did not check, I know some of the tricks DCAs can use to obtain money, I now know this is genuine & wondering whether to try & get it set aside & use the defense as 6 years plus (although not 100% sure) or to admit & apply for small installments as im on a low income & in receipt of tax credits?

[mjt2013]

Well you certainly have a real prospect of successfully defending the claim if it's SB. Read Parts 12 and 13 of the Civil Procedure Rules for a start. You may find a judge takes your explanation for failing to respond with a pinch of salt though and in any event you will almost certainly be liable for the other side's costs because you ignored the claim form.

[carts69]

Well if the claim form was not sent Recorded/Special Delivery.. what proof is there that I received it, the postal system is not 100% by any means, why send important documents by normal 1st class post?

Im currently waiting for a postal security key through the post before I can view my credit file, how long do I have before action is taken on this judgment form, any ideas?

[Ganymede]

Well if the claim form was not sent Recorded/Special Delivery.. what proof is there that I received it, the postal system is not 100% by any means, why send important documents by normal 1st class post?

Im currently waiting for a postal security key through the post before I can view my credit file, how long do I have before action is taken on this judgment form, any ideas?

 

 

 

 

But you did receive it.

 

Unless of course you plan on committing perjury...

[kirkbyinfurnesslad]

But you did receive it.

 

Unless of course you plan on committing perjury...

 

Quite and you can see what he is suggesting

[citizenB]

how long do I have before action is taken on this judgment form, any ideas?

 

I think you normally have 28 days in which to make payment of the judgment debt.

 

Does it not say on the paperwork you received advising of the Claimant obtaining Judgment ?

[BRIGADIER2JCS]

Does this debt show on your credit reference files? Check them now!

[mjt2013]

Well if the claim form was not sent Recorded/Special Delivery.. what proof is there that I received it, the postal system is not 100% by any means, why send important documents by normal 1st class post?

 

It's exactly that sort of thinking which has caused the rules of deemed service to evolve. You may wish to read Part 6 of the CPR and also consider, as Ganymede says, the implications of lying to the court.

[SuperVillain]

Well if the claim form was not sent Recorded/Special Delivery.. what proof is there that I received it, the postal system is not 100% by any means, why send important documents by normal 1st class post?

 

I had this same argument with a debtor last week, claiming not to have received the Claim Form which was sent to the same address as the LBA (which they did respond to).

 

My response was flatly, the Court served the documents on our behalf so if you have an issue take it up with them.

[carts69]

No, the form gives no date or deadline to pay by, regarding a credit file... I will check this when I receive my security number from the company im using, should arrive tomorrow/Saturday