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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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I moved abroad in 2012 and my property was tenanted. They did

Resolved Question:

I moved abroad in 2012 and my property was tenanted. They did not forward any post for 9 months by which time we received a county court judgement for non payment of a direct debit which appears to have been stopped. I have paid the amount outstanding but did not know about the court judgement and did not get the papers until 3 months after the judgement. Is there anything I can do?
Nigel
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a lawyer with over 15 years experience I will try to help you with this. It may well be that in the absence of a response by you the creditor has obtained judgement in default you may be able to apply to set this aside. Can you just tell me how much was owed and did you pay the money owed before or after they obtained judgement? Do you know if the CCJ was obtained through the default procedure (rule 12). Also is there a reason you got behind on the direct debits?

Customer:

Hi

Customer:

Hi the amount owed was 833.11. It may be that I cancelled the direct debit myself as I did not recognise the payee or amount. There is no issue with finance. There was a re direct on our post for the first 3 months and then afterwards as we believed that we had notified everyone of our change of address this stopped and the managing agent agreed to forward the post but this did not happen. The order was issued in November 2013 and I just paid it last week having identified that it was money I owed in consultation with the debt collecting agency. I can only presume at this moment in time that it was through the default procedure as I do not have the paperwork to hand

Customer:

I should also say that I received the documents in February this year about default and ccj

Customer:

I hope I get an answer if possible

LondonlawyerJ :

Thankyou for that I will answer you this afternoon as I will be busy for the next hour or two.

LondonlawyerJ :

It seems very likely that your creditor has obtained judgement in default. If you have not acknowledged receipt of proceedings or not filed a defence then it is open to him to apply for default judgement under Part 12 of the Civil Procedure Rules.


 


http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part12#12.1


 


There is a procedure to set aside default judgement in Part 13 of the rules.


 


http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13


 


The key rule is 13.3 which sets out the circumstances where a default judgement may be set aside.


 


13.3


(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if –


(a) the defendant has a real prospect of successfully defending the claim; or


(b) it appears to the court that there is some other good reason why –


(i) the judgment should be set aside or varied; or


(ii) the defendant should be allowed to defend the claim.





You will need to show that you have a real prospect of successfully defending the claim. At the time of the claim it seems you did not have a defence so this will be problematic.


 


The “other good reason” argument may not be much help. If you had been ill or unable to respond for some reason then this might amount to a good reason. If you had told you creditor where you were going and left a new address to be contacted and they had still written to your old address then this might be a good reason. I think it doubtful in the circumstances you describe that the court would consider there to be some other good reason to set aside the judgement.



I am sorry to give you this answer but it will be very difficult for you to get this judgement set aside.

LondonlawyerJ :

It may be possible to argue that you were let down by the managing agent who had promised to forward the post to you and if it is very important to set asidei the judgement hen ti may well be worth trying but I think it will be difficult to succeed.

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