OP left with CCJ

Default Judgment

Here we have yet another example of what happens when things are left in the hands of someone like Nemesis after virtually everyone else who could have helped, has been banned for personal or political reasons.

This OP received a claim a few weeks before Christmas. It’s not unusual for creditors to issue claims at that time of year to take full advantage of the fact that people are either busy making arrangements or away visiting relatives and they are more likely than ever to miss the deadline to acknowledge service which would entitle them to default judgment without any effort.

Their first post: CCJ-claim-form-County-Court-Business-Centre-Lowell-Portfolio-Ltd was missed as Kati pointed out the following day. Yes, Beagles have other commitments, but that’s why it’s always better to have a wider choice of people who can post, so when one is busy or away, another one can step in. As is customary, Nemesis is summoned in his role of official (and only) “legal advisor”.

The OP says they are “sending posts” to Nemesis. That may mean PMs or it may mean forum posts, in which case they wouldn’t be intended just for Nemesis and anyone should be able to reply. The OP seems to be under the impression he is dealing personally with Nemesis.

A few days later and just before Christmas, the OP posts again, addressing Nemesis directly. That post was completely missed and never replied to. It was December 20th but, as stated above, a forum the size of Legal Beagles should have more than one person dealing with matters like that, especially court claims, where time is of the essence. So they left it all to Nemesis who never replied, and the OP never submitted a defence. At the time they made their last post, they should have been reminded of the need to submit a defence in time, even if only to say they’d not received the documents, etc.

A couple of days ago, the OP returns with the news that they’ve got a default judgment against them, despite having sent the letters that were checked by Nemesis, they clearly thought that they were dealing with an authority on the subject. They were also probably under the mistaken assumption that nothing could be done till the other side satisfied those requests, a common misconception amongst those not familiar with the court process, and something LB should clarify each and every time.

When he returns with a CCJ, Nemesis, who usually can’t wait to get in there, is conspicuous for his absence, as is customary whenever he sees something going pear shaped because of his intervention or lack thereof. Only Noah is there to offer the OP some comfort and reply to their questions, and even he ends up calling Nemesis to respond.

Celestine takes a look and her verdict is that the claim could probably have been defended before judgment was obtained, however, it would be much more difficult to convince the court to grant the set aside application because, in addition to having grounds to defend, the OP would also have to show good reason for failing to submit a defence.

Sadly the court can’t accept the lack of response from Nemesis or anyone else on LB as valid grounds. Not good and this OP who could have been successful in arguing the case on the basis of lack of documentary evidence, has now been left with a CCJ. Although it was an overdraft and not statute barred, we all know how often the likes of Lowell are not able to come up with anything and often end up having to discontinue the claim. In this case, thanks to LB, they had an easy ride and got a default judgment without any effort.

That leaves the OP with a CCJ on record for six years, when they had defaulted in 2011, meaning the default would be dropping off next year. It’s hard enough to get anyone to give you any credit with a default on file, in fact even mobile contracts can be off-limits, as well as a number of employment opportunities. A CCJ is much worse, as, unlike credit files which are only accessible to those who share data with the CRAs, anyone can search the public record for CCJs upon payment of a minimal fee. This OP will now have to live with a nasty CCJ until 2022! A CCJ can also be enforced in various ways including bailiffs and an attachment of earnings, and also a charging order if they are homeowners. Furthermore, even after dropping off the record, it will never go SBd so it will still be hanging over them unless they are able to pay it off. I rest my case.

CCJ

39 Comments

  1. WayneKerr says:

    Sorry, I mean Jennifer’s terrible grammar!!!!

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