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How to set aside a judgement


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I need some help with trying to set aside a judgement.

 

My son has has just received a judgement against him in the post.  but it came to my address.

My son hasn't lived at my address for around 10 years  and has lived at 3 other address at since.

 

just to point out he gets very little mail, if any at all coming to my house.

he has not received any court papers otherwise he would have dealt with it. 

 

he has contacted the court to find out it was a Debt for, as he has no knowledge of the debt.

it turns out it is a credit card that he had he had over 8 years ago which he believes he paid off over 5/6 years ago he cut up the card. because he was saving up to get married and remove temptation.

 

He has just recently got a mortgage from a building society and nothing came back in the credit search. Otherwise the Building society would have pulled him up about it. He checked his online credit score last night and it came back as 998. 

 

Due to his job, he works funny hours he has asked me to help deal with this.

I have called the debt collection company and asked can i have all the paperwork, contract, default notice etc, so he can try to sort this out and they said no. he will have to apply to the courts because they have already got the judgement. 

It has been a long time since i have done anything like this,. so I could do with a running start to jog the old grey cells. so what would be his best course of action and defence be? I look forward to hearing from you all. 

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Hi ...I have your topic to the appropriate forum...Financial Legal Issues forum..please continue to post here to your topic.

 

DId your son inform the judgment claimant of his current address ?

 

Andy

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I Am not sure. I won't get to speak to him until late to day, as he is on nights.  so can i ask the two outcomes. 1/ yes he did many years ago before moving. or 2 No he didn't, because he believed he paid it off  and cut up the card. 

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Thanks...and the original claim form pack was never received at your address ? 

We could do with some help from you.

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That's correct.  The reason that the judgment letter stood out was. A, It was in a brown envelope that looks official  B. I hadn't seen any post for my son for ages. so if i had arrived at mine in late november as the court told him, I would have clearly noticed. 

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Okay......so you need to check your son has proof he informed the judgment claimant of his new address...if he has your set a side should be relatively straight forward. Proof could be letters he had received at his current address before or after judgment date..

 

If he does not have proof he informed them...then under the current CPR rules " Last Known Address" is deemed as legal good service...you proving that you never received the claim pack would be difficult if not impossible and generally not an excuse a court would accept.

 

The process of setting a side a judgment is done by way of submitting an application notice N244...the fee with hearing is £255...the grounds to make a valid application that its made swiftly...you have a valid reason....and you have a defence with merit.

 

So you need to consider all the above before spending that amount of money on a application that is not guaranteed to bring success.

 

Andy

 

 

 

.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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