Help! CCJ advice required....
Discussion
Got home yesterday after work to find a Judgement for Claimant (in default) had come through the letter box in my girlfriends name for nearly £900!!!!
This is the first that we have heard of this (supposed to get some more info before it gets to this stage I believe). The documents had all gone to our old address, and for some reason this one had filtered through to our new one (flakey redirection service).
Turns out it's from some silly bint that drove into my missus a couple of years back and is now claiming, for some reason (don't know why cos no paperwork). She drove into a company car and wanted us to settle without getting insurance involved (she admitted liability) but we had no choice but to get insurance involved. I think she has got the hump and tried to go through small claims and because we did not see any paperwork it looks like she has won by default. We now have a bill plus court costs plus interest.
What the hell do I do now? I am absolutely ferkin livid about this, I mean the accident was her fault and she is claiming from us, WTF?
Thanks in advance.
Nik
This is the first that we have heard of this (supposed to get some more info before it gets to this stage I believe). The documents had all gone to our old address, and for some reason this one had filtered through to our new one (flakey redirection service).
Turns out it's from some silly bint that drove into my missus a couple of years back and is now claiming, for some reason (don't know why cos no paperwork). She drove into a company car and wanted us to settle without getting insurance involved (she admitted liability) but we had no choice but to get insurance involved. I think she has got the hump and tried to go through small claims and because we did not see any paperwork it looks like she has won by default. We now have a bill plus court costs plus interest.
What the hell do I do now? I am absolutely ferkin livid about this, I mean the accident was her fault and she is claiming from us, WTF?
Thanks in advance.
Nik
2 options: If you accept that the money _is_ owed and the judgement was made in the last month then pay up. It won't be recorded on the Registry and it won't have any effect on your credit rating. This is def. the path of least resistance.
Her liability is neither here nor there, you did not respond to the initial claim and the judgment has now been made, if you feel that you were not able to respond to the initial claim issued against you (because it went to the wrong address) you can dispute the judgment. The form to do so is available at your local County Court. There is a fee to do this. I _strongly_ recommend the assistance of a solicitor if you are going to take this course of action.
HTH
Her liability is neither here nor there, you did not respond to the initial claim and the judgment has now been made, if you feel that you were not able to respond to the initial claim issued against you (because it went to the wrong address) you can dispute the judgment. The form to do so is available at your local County Court. There is a fee to do this. I _strongly_ recommend the assistance of a solicitor if you are going to take this course of action.
HTH
What you are doing is applying to have the judgement set aside and giving reasons. it would seem that there are grounds for a counterclaim against her in addition to your defence of the claim against you on which the judgement has been entered.
But since the insurance company were involved your side of this counterclaim then you may have to contact their legal side and discuss.
But since the insurance company were involved your side of this counterclaim then you may have to contact their legal side and discuss.
Speak to solicitor. Not really a DIY job. Until enforced, you can usually have a decree in absence recalled. This will cost you initially. You serve the recall on the other party. The case then returns to court as if you had replied to the original writ. You explain why the case should be recalled. If you have a half plausible reason then usually it will be allowed. A new date will then be fixed to hear the case.
You can try to recover costs if you can show the person who obtained the original decree was in some way faulty for failing to serve the action properly, but something of a long shot.
You can try to recover costs if you can show the person who obtained the original decree was in some way faulty for failing to serve the action properly, but something of a long shot.
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