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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71130
Experience:  Over 5 years in practice
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Hi,A claim form was sent to my neighbours address by mistake

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Hi,A claim form was sent to my neighbours address by mistake even though it was my name.My neighbour was away for a month and a half and when she got back a judgement had already taken place on my name ,I would like to get that put aside ,I do not have a problem in paying the debt at all.Should I pay the debt straight away or wait for the judgement to be put aside?
Thank you for your question. My name is ***** ***** I will try to help with this.
How did it come to be sent to the wrong address ?
Customer: replied 3 years ago.
Just postmans error I guess
Was it addressed to your address but just delivered incorrectly?
Not addressed to her address?
Customer: replied 3 years ago.
Yes,delivered incorrectly.
Will the neighbour give evidence if required?
Customer: replied 3 years ago.
Yes,she already has given a letter stating the same.
If you accept that you owe this money, you should pay it immediately because you will not get the judgement set aside if you have no defence.
Once you do that, provided the money has been paid within the time specified in the judgement, then it will not be entered at the credit reference agency.
If it has been registered, you will have to apply to court to set the judgement aside on the basis that you have now paid the money and that the documents were delivered incorrectly to your next door neighbour. Your next door neighbour will need to make a statement to that effect in support of your application to set the judgement aside.
Can I clarify anything for you?
Customer: replied 3 years ago.
Can the judgement still be set aside even though it's paid? Or will it show as settled on the reference agencies?
It will show as settled. The court will only set it aside if it thinks that it was entered in error.
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