I became aware of a case today that was so so disappointing, it was arguably a winnable case, a case with a good prospect of success, a case where defective goods had been returned and the contract cancelled, a case where there was no claim which had any hope of succeeding.
However, as is often the case rather than carrying out the checks that are needed, the company just issued a claim on the old address. Now arguably the judgment was open to challenge, it could have been set aside under CPR 13.3 as there was a real prospect of success, however as is clear from CPR 13.3 an application under this provision must be promptly.
Now i still have the words of a wise DJ ringing in my ears that “30 days is tooo longer delay to make this application” and of course the case which was thrown at me was Regency Rolls v Murat Carnell.
The biggest hurdle in this case was not the case itself, but the fact that the Defendant had become aware of the judgment nearly a year ago, but had not applied to set aside the Judgment because they simply had no idea what to do. As sad as it may be, the Courts will not give any special favours to self represented litigants, and if they take too long to apply then they will have to face the consequences.
The worst thing is that an application could have been made, had the Defendant only got in touch sooner. I would have much rather helped with the application at an early stage than give advice on the hurdles faced now.
So the message to take from this is simple, if you get a CCj get some help straight away, dont delay unless youre prepared to pay the judgment debt!!