Mkdp Default Judgment for son ***Set a Side & Discontinued***

[InnocentParty]

Hi All

 

Excuse my user name it was all I could think of.

 

I have just had a CCJ through in the name of my son.

 

He took a bank loan to pay a tax bill and then didn't pay it back..

 

He has not lived here for 12 years.

 

I have told MKDP on numerous occasions and sent back correspondence to them.

They always said they would remove this address from the database and I wouldn't hear anymore.

 

The debt is more that 6 years ago and he did not make any payments.

 

I phoned the court who told me the debt date is 2010.

This is not possible and I can't understand how they MKDP have come up with this date.

It is definitely wrong and no payments have been made in over 6 years.

 

Can they do this?

Will the CCJ show on my address/on his credit file for the next 6 years?

If they have 2010 as the date will it go from then even tho that date is wrong.

 

I luckily have no debt and I am not advocating his non payment I just thought there were rules and it would seem not

 

Thanks in advance

[silverfox1961]

Hi and welcome to CAG

 

As you have written and told them that your son does not live there, they should have traced him and served papers there. Do you have contact with your son?

 

IF it is true that the debt is more than 6 years old (are you sure he didn't take out another) then your son could apply to get the judgement set aside

[AndyOrch]

Received judgment or received a claim pack Innocent Party?

 

PS Welcome to CAG.

 

Regards

 

Andy

[InnocentParty]

Hi and welcome to CAG

 

As you have written and told them that your son does not live there, they should have traced him and served papers there. Do you have contact with your son?

 

IF it is true that the debt is more than 6 years old (are you sure he didn't take out another) then your son could apply to get the judgement set aside

 

Thank you, yes more than 6 years last payment made August 07

[InnocentParty]

Received judgment or received a claim pack Innocent Party?

 

PS Welcome to CAG.

 

Regards

 

Andy

 

Thank you, They have a judgement from court. Can only think they lied in order to get that as last payment was 6+ years ago. Son will be in contact at some pint soon so will have to wait and see Thanks again for reply

[AndyOrch]

So you have the N24 Notice of judgment from Northampton...is it a forthwith payment?

 

Regards

 

Andy

[InnocentParty]

So you have the N24 Notice of judgment from Northampton...is it a forthwith payment?

 

Regards

 

Andy

 

I have a letter with Judgement for Claimant on the left and a ref no on the right. Down on the bottom left corner in N30.

[AndyOrch]

Did you never receive the claim pack from Northampton?.....N30 Judgment for Claimant.... determination without a hearing.

 

This is a default judgment because of no response.

 

Regards

 

Andy

[InnocentParty]

Did you never receive the claim pack from Northampton?.....N30 Judgment for Claimant.... determination without a hearing.

 

This is a default judgment because of no response.

 

Regards

 

Andy

A letter came saying it was going to court came a few weeks ago, I rang MKPD and told them he hadn't lived here for years, they said to send the letter back ti them they would update their info and not write here any more

[AndyOrch]

Well I dont know what your intentions are and or if you want help your son but if its a forthwith payment you can make application to vary to mthly repayment using the N245.

You can find this form in the legal library..there is a fee of £40.

 

I dont think your chances to set a side the judgment are good because it will be deemed as good service to last known address and you returned the pack to the claimant but from a point of being statute barred I certainly would try for a set a side.

[InnocentParty]

Well I dont know what your intentions are and or if you want help your son but if its a forthwith payment you can make application to vary to mthly repayment using the N245.

You can find this form in the legal library..there is a fee of £40.

 

I dont think your chances to set a side the judgment are good because it will be deemed as good service to last known address and you returned the pack to the claimant but from a point of being statute barred I certainly would try for a set a side.

 

Thanks,

I am not going to do anything until my son is in contact with me.

I returned the to the claimant because he doesn't live here and they asked me to do that.

I didn't sign or even read them properly.

I have been telling them for ever that he doesn't live here.

 

It looks like the last payment was in Aug 07 so maybe they are a bit late and it would be Statute Barred.

 

I don't know what you mean when you say his chances are not good for judgement to be set a side

and then later that he should try for stature barred a set a side.

do they need different approaches?

 

If he wants to say the debt should have been statute barred before the CCJ what would he need to do and how quickly?

Sorry for all questions x

[AndyOrch]

I will rephrase

 

Any application to set a side should be made promptly......but there has to be a valid defence so one goes hand in hand with the other...no valid defence no point allowing the set a side.

 

Bad service would fail as last known address is deemed as good service.

Claim was Statute barred before litigation commenced would be a valid point so its worth making the application.

 

Hope thats clearer.

 

Andy

[mjt2013]

There is a very good chance of having the judgment set aside on mandatory grounds

as service was not effected.

 

CPR r. 6.9(3) requires a potential Claimant to take "reasonable steps" to ascertain a Defendant's address

where they have "reason to believe" that his usual or last known address has changed.

 

It seems that you told them your son lived elsewhere and they ignored you,

 

they should have tried to get his address (or at least asked you for it) and it seems they didn't.

 

If a claim isn't served properly then a default judgment must be set aside.

[InnocentParty]

Does anyone know

 

if the debtor the claim having the last payment date as Nov 11 to get the CCJ

when the actual date was Aug 07

 

would be enough to succeed in a statute barred claim

 

or could this be ignored by the judge?

 

Is that rule set in stone or can it be ignored by the courts if they want to?

 

Thanks

[dpick]

Hi

 

if MKDP say there was a payment made Nov 2011

then they have to prove that the payment was made by your son or authorised by your son.

 

We have seen a lot of threads where a DCA say a payment has been made

that somehow seems to end up as a clerical error.

 

As has been quoted above

 

a set aside must be applied for quickly and is a lot easier when accompanied by a good defence to the original claim.

 

 

dpick

[InnocentParty]

Hi All

 

A little feedback from CCJ situation. Son went to court today and the other party failed to show and had written to the court stating that the were not persuing the action. He was told that the debt was statute barred and he will have proof in the next 2 weeks.

 

Thanks for all replies

[AndyOrch]

Nice on ....thread title amended to reflect the out come.

 

Well done

 

Regards

 

Andy