Re: CCJ letter

by flyingfish Fri Aug 30, 2024 8:38 pm

That really doesn't look correct, acknowledging your defence, then saying you haven't responded. You are quite correct to blank out the claim number but can you confirm it is in fact th same on each document?

by waylander62 Fri Aug 30, 2024 9:30 pm

This is wrong !!

there is a hearing listed March 2025 , this hearing seems to me to have been ordered by a Judge and mentions the defence !?

i can't quite make out the all of the wording in that letter / order. I also note it is to be held at a court in watford, is watford your local county court ? or hers ?

the judgment by default is dated july 2024 yet the order is dated august 2024, which says to me that the paperwork was passed to a Judge which wouldn't have happened if the defendant had failed to submit a defence.

what i also find strange is that the judgment by default was issued at watford county Court ?

by waylander62 Fri Aug 30, 2024 9:34 pm

flyingfish wrote:That really doesn't look correct, acknowledging your defence, then saying you haven't responded. You are quite correct to blank out the claim number but can you confirm it is in fact th same on each document?

i agree with this but did you notice that CCBC acknowledge the defence and state it is now a defended claim YET the judgment by default was issued by Watford county court ? in July ?

then it appears before a Judge who has called a hearing which is scheduled for March 2025 !

by waylander62 Fri Aug 30, 2024 9:56 pm

i have just checked on the FCA register and typed in the Claimants name as it appears on the court papers

and the FCA can't find them ? do you have a letter from perch capital ? i assume you must have so take a look right at the bottom and find their FCA number and please post that up asap

by Cookiemonster2 Fri Aug 30, 2024 10:48 pm

Hi thankyou for looking, see it's weird, but yes will look for perch letter, it's my sister's local court

by Cookiemonster2 Fri Aug 30, 2024 11:01 pm

She got CCJ on file too

by Cookiemonster2 Fri Aug 30, 2024 11:02 pm

Flying fish, I checked Claim numbers over and over, all match

by Cookiemonster2 Fri Aug 30, 2024 11:19 pm

waylander62 wrote:i have just checked on the FCA register and typed in the Claimants name as it appears on the court papers

and the FCA can't find them ? do you have a letter from perch capital ? i assume you must have so take a look right at the bottom and find their FCA number and please post that up asap

Sister said she never had Letter from Perch, just TM legal.

Looked on their site, they do have a CSA registery on it.

by flyingfish Sat Aug 31, 2024 6:45 am

Did she complete and return the form N180 Directions Questionnaire?

by Cookiemonster2 Sat Aug 31, 2024 9:04 am

flyingfish wrote:Did she complete and return the form N180 Directions Questionnaire?

Yes she did the N180

by waylander62 Sat Aug 31, 2024 10:47 am

CSA register means nothing, don't worry about that for now

First and foremost she needs to ring the court and clarify that the claim is still ongoing, use e mail with the court to speed things up, the CCJ needs mentioning on her file if the case is still ongoing

this is all very urgent she needs to get confirmation that the CCJ is wrong and that the case is ongoing and get the CCJ removed.

keep posting now as there is a lot to do once this part is sorted. But get confirmation from the court, e mail will do when dealing with the court, it is quicker and easier.

by waylander62 Sat Aug 31, 2024 10:51 am

in respect of never having a letter from perch ?

that is a massive argument as they should have provided a notice of assignment plus much more, their particulars of claim is a complete joke and easily defended.

you need to move quickly with this and keep posting all the time, also get your sister to gather up all the paperwork she has for this 'loan' and all correspondent that relates to it, important.

by flyingfish Sat Aug 31, 2024 11:10 am

Do you think he (she) will be able to get this knocked back without the Formalities of a set-aside application?

I'm wondering If the court didn’t receive, or lost the N180. Could it go to default judgment if they thought the N180 hadn't been responded to?

by waylander62 Sat Aug 31, 2024 7:32 pm

flyingfish wrote:Do you think he (she) will be able to get this knocked back without the Formalities of a set-aside application?

I'm wondering If the court didn’t receive, or lost the N180. Could it go to default judgment if they thought the N180 hadn't been responded to?

yes it can, but with an N180 it is normal that a threatening warning letter is sent out to file and serve it by a certain date or else.

However if you read the first line of the default judgment from court it clearly says " because you did not respond to the claim form "

so in this case i would say it has nothing to do with the N180, also an N180 form is usually dealt with by CCBC and it is after the N180 and mediation that the case is sent to the Defendants local county court. Default judgment has been awarded by the Defendants local county court for some reason ?

by waylander62 Sat Aug 31, 2024 7:37 pm

they should be able to get this sorted without the need for an application to set aside as from what i have seen it was a mistake ?

there may be other letters we haven't seen? however from what we have seen the default judgment should not have been awarded for the reasons given unless the defence was not a valid defence, again however it seems a Judge is wanting to have something heard at a hearing in March 2025 !

in all honesty at the moment this case is as clear as mud !

by Cookiemonster2 Sun Sep 01, 2024 12:25 pm

I getting her to get all the letters togethher and will post as soon as

by waylander62 Mon Sep 02, 2024 9:12 pm

ringing the court and sorting this out has to be priority

getting the paperwork sorted is also important but if the default judgment is not sorted out then it may be a waste of time, seriously sort out the situation with the default judgment first.

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