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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, I had a hearing to set a small claims court default

Resolved Question:

Hello,
I had a hearing to set a small claims court default judgment aside. The judge decided to set the judgment aside on the basis that it was not served.
Question 1: The decision states 'It is ordered that: defendant to file and serve a defence by 4pm on 12th November 2014'. Does this mean that the court and the claimant should receive the defence by 4pm on 12/11 or that it should be posted by 4pm on 12/11? Can the defence be sent by email instead of 'next day recorded delivery'? Would you advise to use both methods?
Question 2: Is there a specific form that I need to use or fee that I should pay in order to file and serve the defence?
Question 3: I understand that my options at the moment are:
A. File and serve a defence, in which case I might:
A.1 Win at the hearing
A.2 Lose at the hearing
B. Pay the amount of the claim.
If the scenario of A.2 materialises, then a new judgment will be made. If a new judgment is made and I pay the full amount within the required timelines, will the new judgment appear on my credit file? If it does appear on my credit file will it be possible to completely remove it so that it will not appear at all on any credit searches not even as 'satisfied'?
Question 4: Will the details of the claim, defence and hearing be made public?
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

1. It means that it needs to be received by 12/11

Alex Watts :

The defence can be sent by email as long as it is before 4pm on 12/11.

Alex Watts :

I would just send it by first class post and get proof of posting, that is enough

Alex Watts :

2. There is no fee to file a defence and there is no form

Alex Watts :

3. Yes you will get a CCJ on your credit file if you admit the debt or if it goes to Court and you lose

Alex Watts :

However if you pay a CCJ within 28 days it can be cancelled and therefore will NOT show on a credit file.

Alex Watts :

4. No, just the fact you have a CCJ will appear on your credit file - nothing else

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

a clarification on your answer for Question 4: In case I lose at the hearing and pay the full amount of the judgment within the required timeline, will the fact that there was a CCJ show on my credit file?

Customer:

Hi Alex, can you please clarify? thanks

Alex Watts :

4. Yes but if you pay within 28 days it can cancelled.

Customer:

cancelled means that it will not appear at all on my credit file or that it will appear as satisfied?

Alex Watts :

Yes removed

Alex Watts :

I think it costs £15 to get that certificate from the Court

Alex Watts :

Does that help?

Customer:

I would also like a clarification on your answer regarding Question 1

Alex Watts : Ok
Customer:

I have read on the below on the HMRC website regarding when a defence id deemed to have been served: Personal service – the day it was handed to the party unless it was given to them after 5 pm in which case it is the following day.
First class post – the second day after it was posted.
Leaving a document at the correct address – the day after it was left at the address.
Fax – the same day if sent before 4 pm on a business day. If sent later, the business day after it was sent.
Email – the second day after it was sent.

Customer:

the information that they provide contradicts your answer

Customer:

are you absolutely certain that I can send it by 4pm on 12/11?

Alex Watts : HMRC are not court rules.
Customer:

I found the same information on other websites as well related to small claims, such as https://www.moneyclaimsuk.co.uk/creditor-and-claimant-questions-and-answers/when-is-meant-by-deemed-served.aspx

Alex Watts : So yes before 4pm is fine, after 4pm is next working day
Alex Watts : I tell a lie its 4.30pm
Alex Watts : The rules States
Alex Watts : 5. Other electronic method If the e-mail or other electronic transmission is sent on a business day before 4.30p.m., on that day; orin any other case, on the next business day after the day on which it was sent.
Alex Watts : Civil procdudre rules 6.26
Alex Watts : So it would appear HMRC and the other websires are wrong
Alex Watts : Does that clairfy ?
Customer:

yes it does

Customer:

Thanks Alex

Alex Watts : Can I clarify anything else?
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