Thanks for the reply. See witness statement below. I have edited out some personal identification information. I have also sent them medical notes from my doctor.
Witness Statement
I, am the Defendant in this matter. I make this statement in support of my application to set aside the default judgment dated 08/08/25.
1. Introduction
1.1 I make this statement from my own knowledge unless otherwise stated.
1.2 This application is made pursuant to CPR 13.2 and/or CPR 13.3 on the basis that I have a real prospect of defending the claim and there is a good reason to set aside the judgment.
1.3 I also ask the court to deal with this matter urgently due to the serious effect it is having on my mental health, family life, and future plans.
2. Background
2.1 On or around 29th July I received a Claim Form from the County Court Business Centre.
2.2 I responded promptly, clearly denying liability and making my intention to defend the claim clear. I have no knowledge of the alleged debt and have not been provided with any supporting evidence.
2.3 I completed the Defence section and, in the section requesting financial details, I included information about my means because I believed it was mandatory. I did not intend to admit the claim or make an offer of payment.
2.4 BW Legal have acknowledged in conversation that they could see I had made “an error” on the form.
3. Judgment in Default
3.1 On 12/08/25, I received a letter informing me that a County Court Judgment had been entered.
3.2 I immediately attempted to contact the court, remaining on hold for over 6 hours without success. I also contacted BW Legal on the same day.
3.3 BW Legal’s representative confirmed that they were aware of my stated defence but claimed that the CCJ was entered because I had “made an offer of payment”. I repeat: I did not offer to pay the claim — I only provided financial information as I believed it was required.
4. Conduct of the Claimant
4.1 BW Legal have misrepresented my position to the court by treating my completion of the financial section as an admission of liability.
4.2 They did not seek clarification despite knowing I intended to defend.
4.3 They have refused to agree to a set aside by consent, even though they admit that I made my intentions clear to defend and that the box I ticked was in error.
4.4 I have made a Subject Access Request for all evidence and documents. BW Legal have refused to share these and have still not provided any evidence I am liable for the alleged debt or proof they have contractual authority from the landowner.
5. Medical and Personal Circumstances
5.1 I suffer from severe Obsessive-Compulsive Disorder (OCD) and an associated mood disorder.
5.2 Situations such as this cause acute psychological distress, intrusive suicidal thoughts, and extreme anxiety, significantly impacting my daily functioning.
5.3 I am the primary carer for my infant son, and my mental health deterioration due to this case is affecting my ability to care for him.
5.4 We are currently in the process of moving home to gain the space we urgently need for our family and to prepare for another child. A CCJ would prevent this move, as we require a clean credit record to secure a mortgage or tenancy.
5.5 Having a CCJ on my file for six years would cause irreparable damage to our family plans. I am 29 and my partner is 33 — in six years’ time, it will be too late for us to safely have another child, and my three-year-old will lose the opportunity to grow up with a sibling.
5.6 Due to my conditions, I find it extremely difficult to present my own case in person. I therefore request the court’s permission for my partner, to address the court on my behalf.
5.7 In light of the serious impact on my health, home move, and family life, I respectfully request that this matter be heard as a priority and listed at County Court.
6. Grounds for Setting Aside
6.1 The judgment was wrongly entered despite my timely defence, which the Claimant acknowledged.
6.2 I have a real prospect of successfully defending the claim as I dispute liability entirely, have received no evidence, and challenge the Claimant’s authority.
6.3 There is good reason to set aside the judgment under CPR 13.3, as it is unjust for a CCJ to remain when I have been denied the opportunity to defend.
