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Setting Aside a Default Judgement CCJ Case Study


" The court papers were sent to the wrong address and I missed the hearing date, and given a CCJ. I was so confused. I was given clear assessment of my case and advice on the steps by Remove CCJUK were going to help me with. What a weight off my mind when it was all sorted”. 
 
Mrs Becks

envelopes hanging from letterbox

The issue

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  • A claim was brought against our client by the claimant, a private car park operator.
  • Our client resided in a property of an address that had been divided into two flats. Flat A belonged to our client. The claim sent by the court had been posted to Flat B which had been unoccupied for several months.
  • The claim had not been acknowledged or defended by our client and the claimant obtained a default judgment against our client.
woman holding a pen writing on paper

The solution

 

We supported our client to file an application to set aside the default judgment on the following grounds:

 

  • Our client disputed the claim on the basis that the claim had been posted to the wrong address.

  • Our client did not become aware of the claim until Flat B had been let by the landlord, some four months after the default judgment had been entered.

  • There was a real prospect of successfully defending the claim because our client argued that the claimant’s entrance signage displayed in the private car park failed to comply with the parking code of practice, in so far that it was not clear and visible upon entry when she parked her car.

  • Upon receipt of the claim, our client contacted the court and the claimant.

court gavel

The Outcome

 

The court looked at our client’s evidence and was satisfied the claim had been posted to the incorrect address and secondly that there was a real prospect of successfully defending the claim based on the evidence that supported the application to set aside the default judgement. The default judgment was set aside, thereby removing the CCJ from the client's credit file.

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Contact

If you require support with setting aside a default judgment  CCJ just connect for a free discovery call on welcome@removeccjuk.com or call 0333 3444 945 

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