Author Topic: St Augustines Church (Civil Enforcement Ltd) Claim Form  (Read 359 times)

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St Augustines Church (Civil Enforcement Ltd) Claim Form
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I received the claim form below sometime after the 21st of January (I was abroad when it was posted through my letter box). I don't recall ever receiving communication on this prior to this claim form.

https://ibb.co/wZssyC0L

What would be the best defence here? I am aware I need to submit my defence ASAP.

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Re: St Augustines Church (Civil Enforcement Ltd) Claim Form
« Reply #1 on: »
Issue date 12th Jan, you might already be too late.  Log on ASAP to MCOL and check whether a default judgement has been issued.  If not, then put in the Acknowledgement of Service immediately, this will stay things for a few days so you can put in a defence.
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Re: St Augustines Church (Civil Enforcement Ltd) Claim Form
« Reply #2 on: »
Issue date 12th Jan, you might already be too late.  Log on ASAP to MCOL and check whether a default judgement has been issued.  If not, then put in the Acknowledgement of Service immediately, this will stay things for a few days so you can put in a defence.

Hi, as an update, I have now received a letter from the local court stating that I have not replied to the claim form and hence must pay the claimant £188+£107 for costs. I got a letter from the claimant also stating that a CCJ was obtained on the 1st of February and hence I have one month to pay to clear the CCJ.

I called the court on Friday and informed them of the situation (that I received the claim form late and then submitted a defence) but they said the only option for me now is to file a N244.

Any guidance on best practice with this?

Re: St Augustines Church (Civil Enforcement Ltd) Claim Form
« Reply #3 on: »
You have unfortunately received a judgement in default against you, for not submitting a response within 5+14 days of the N1SDT claim form (31 January).
Pragmatically, pay within a month and no record which can affect credit will be registered.
N244 is >£300 up front, which you can claim back if you win, so that’s your call.
« Last Edit: Today at 12:15:08 pm by jfollows »

Re: St Augustines Church (Civil Enforcement Ltd) Claim Form
« Reply #4 on: »
One thing in your favour if you did go for a set aside would seem to be that you potentially had a legitimate reason for not responding, namely that you were abroad for the window available to respond. This isn't just a case of you ignoring a Claim Form. Against you will be the presumption (rebuttable) that with an issue date of 12th Jan, the notice will be presumed to have been delivered before 21st Jan, which from your account I assume is when you left the country?

If you are minded to pay up, you could at least try contacting Civil Enforcement and seeing if they would be amenable to a consented set-aside.