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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3772
Experience:  Solicitors 2 years plus PQE
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A 'small claims court' claim was filed against myself and a

Customer Question

A 'small claims court' claim was filed against myself and a second defendant some months ago yet the legal paperwork was delivered to the wrong address. Consequently a CCJ was filed against the second defendant without their knowledge. Awareness of this CCJ only became apparent when the second defendant was contacted by a marketing company in relation to the CCJ.
Having obtained the original claim papers I have concluded that both myself and the second defendant have a strong defence and also that the case was unfairly decided as important evidence was withheld from the court by the claimant.
What steps must I take in order to first, have the CCJ quashed and secondly enter a defence and a counterclaim?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Alex J. :

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Is the CCJ a "default Judgment"?

Customer :

Hi Alex, apologies for my late reply. By CCJ I do in fact mean a judgement in default ("default judgement")

Alex J. :

Hi, Thank you. The first thing you have to do is make an application to set aside the default Judgment using Part 13 of the Civil Procedure Rules.

Alex J. :

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

Alex J. :

The set aside application is made on the grounds that you have a reasonable prospect of successfully defending the claim.

Alex J. :

Thsi can be done using an application notice.

Alex J. :

You will then have to submit your defence and counterclaim once the default Judgment is set aside.

Customer :

Given that the default judgement is against the co-defendant and not against me, would the co-defendant need to make the application? And if the judgement is set aside, would the defence only be for the co-defendant, or would I be required to defend as well?

Alex J. :

Hi, Thank you. The co defendant would need to make this application.

Alex J. :

If you do not think there is any reasonable grounds for bringing a claim against you personally you can apply to have the claim against you struck out under Civil Procedure Rule 3.4(2).

Customer :

Ah right. That's cleared everything up, thank you!

Customer :

Hope you enjoy the rest of your day :D

Alex J. :

Have you submitted your defence?

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