• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

Overturning a default judgement ?

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    Overturning a default judgement ?

    Long story short I intended to contest a civil case for a debt MyCo does not owe but had a default judgement entered because I didn't get the papers back in time.

    Is there any way to get this overturned and to actually mount a defence at this stage ? Or am I scrooby-dooed ?

    Thanks in advance.

    #2
    Originally posted by mangled View Post
    Long story short I intended to contest a civil case for a debt MyCo does not owe but had a default judgement entered because I didn't get the papers back in time.

    Is there any way to get this overturned and to actually mount a defence at this stage ? Or am I scrooby-dooed ?

    Thanks in advance.
    Who is the 'debt' payable to? If it's HMR&C i.e. late filing fee or similar you are indeed scooby-dooed
    Connect with me on LinkedIn

    Follow us on Twitter.

    ContractorUK Best Forum Advisor 2015

    Comment


      #3
      Originally posted by LisaContractorUmbrella View Post
      Who is the 'debt' payable to? If it's HMR&C i.e. late filing fee or similar you are indeed scooby-dooed
      Hello Lisa, thanks for your reply, the firm is Vodaphone.

      Comment


        #4
        Originally posted by mangled View Post
        Hello Lisa, thanks for your reply, the firm is Vodaphone.
        If you are a one-man band i.e. have no other people in your company and can easily prove it then if you have a good reason why you didn't return the documents on time then you probably can get the judgement overturned.

        Good reasons are your own illness, pregnancy or death. You will obviously need to be able to get supporting documentation.
        "You’re just a bad memory who doesn’t know when to go away" JR

        Comment


          #5
          Originally posted by mangled View Post
          Hello Lisa, thanks for your reply, the firm is Vodaphone.
          Why didn't you get the papers back on time? Presumably this case had been going on for a while?
          Connect with me on LinkedIn

          Follow us on Twitter.

          ContractorUK Best Forum Advisor 2015

          Comment


            #6
            IME the courts are quite receptive to reopening the case if you can give a good reason for not responding originally.

            I presume it was under small claims track, so look at:

            PART 27 - THE SMALL CLAIMS TRACK - Civil Procedure Rules

            specifically 27.11 but note time limit.

            Comment


              #7
              Originally posted by mangled View Post
              Long story short I intended to contest a civil case for a debt MyCo does not owe but had a default judgement entered because I didn't get the papers back in time.

              Is there any way to get this overturned and to actually mount a defence at this stage ? Or am I scrooby-dooed ?

              Thanks in advance.
              Did you return the documents late or did you receive them from the court late and thus this caused you to return them late?
              The only debt collection & credit control company recommended by Contractor UK.

              Read our articles on ContractorUK here and get in touch here.

              Comment


                #8
                Continuing story...

                Hello all,

                As you may have guessed I didn't get it together in time to contest the case so I'd like to pay the money instead.

                Obviously to anyone reading it did go to court and I lost but can anyone tell me how I go about paying and making sure the court registers that I've paid in full ? Do I just phone Voda's solicitor and pay by card or to I phone the court or what ?

                Thanks,

                Comment


                  #9
                  Originally posted by mangled View Post
                  Hello all,

                  As you may have guessed I didn't get it together in time to contest the case so I'd like to pay the money instead.

                  Obviously to anyone reading it did go to court and I lost but can anyone tell me how I go about paying and making sure the court registers that I've paid in full ? Do I just phone Voda's solicitor and pay by card or to I phone the court or what ?

                  Thanks,
                  IANAL but I believe you should get some papers from the Court instructing you on how to discharge the debt
                  Connect with me on LinkedIn

                  Follow us on Twitter.

                  ContractorUK Best Forum Advisor 2015

                  Comment


                    #10
                    Originally posted by LisaContractorUmbrella View Post
                    IANAL but I believe you should get some papers from the Court instructing you on how to discharge the debt
                    Pay Vodaphone or the Solicitors direct and make sure you get confirmation in writing that the judgment balance is paid. You may need this later if you need to get a certificate of satisfaction linky
                    The only debt collection & credit control company recommended by Contractor UK.

                    Read our articles on ContractorUK here and get in touch here.

                    Comment

                    Working...
                    X