Brayan carter help!!

[janet37]

I have spoken to court to day they said there is no record of it, I have not recieved papers from court either just a letter from Brayn carter to say that a ccj was entered against me

[janet37]

So I have not defended the CCJ , I thought that I had, but must o fmade a mistake whilst submitting defense online, I am so worried will they be able to send in bailiff now they have ccj?

[citizenB]

What is the date of the Judgment, Janet ?

 

In theory you are allowed 28 days (I think) to pay the judgment debt, so nothing is likely to happen until then.

 

I suspect you will probably need to make an application to the court to have the Judgment set aside again.. but I really want some confirmation from other site team before you take the next step.

[citizenB]

Janet, just a thought.. can you log onto your accoutn on the MCOL website and see what it has on there ? If your defence was accepted, then it should show. If it does - then we would suggest you take a screen shot/screen print of the page.

 

YOu will use the same log in details that you have previously.

[janet37]

hi date of ccj 27 03 14 have logged in and no defense is showing I cant belive i was so stupid as to not check or get confirmation of receipt.

[citizenB]

Ouch.. 27 March ..

 

And this letter from BC is the first you were aware that a Judgment had been awarded ? Nothing from the court ?

[janet37]

Not a thing from court when i said this to court help line to day they said they sent it out three weeks ago, have been looking around and I am thinking I should fill in a n244 form do you think I should do this

[citizenB]

If this were me, then yes I would make the application to set aside. I dont know if you should also let BC know that you have done this.

[janet37]

Yes i thought that , I thought that they were bluffing but just rang court today on a hunch.. would you send letter to BC and inform them the debt has already been set aside on grounds of SB.

[citizenB]

Janet, can you confirm that you did the acknowledgment of service ? My plan of action would be..

 

Complete the N244 and state your reason for set aside.

 

1: You believed you had submitted your defence on DATE - it would appear that it was not received/Accepted by the system.

2: You had previously had a statutory demand set aside on DATE on the basis that the Debt was statute barred and that was the defence you thought you had submitted in respect of their further claim on DATE

3: The first time you heard that a Judgment had been awarded against you was when the Solicitor informed you.

 

I would copy your application and send it to Bryan Carter so he is aware.

[janet37]

thank you will sort that out. I did not do the acknowledgement of service I thought that I had online

Edited April 25, 2014 by janet37
,,

[citizenB]

Oh.. not even AoS ? I have left a message for andyorch, but I think you might have a bit of a struggle if you didnt even acknowledge service ?

[Ford]

looks like a default judgment was obtained under CPR part 12?

in which case, looking to apply for set aside as per CPR rule 13.3? ie

....

1) In any other case, the court may set aside 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....

 

 

etc

justice.gov.uk

 

yr SB status being one eg re para 1a

 

act promptly re yr app'n.