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  • shilly 113 posts

    Tried to find an answer online but no luck. I took BA to a small claims court and although they put in for an extension to the deadline they still hadn’t replied by the 2 week extension date. It said the next step was to issue a CCJ which I did through the money claim website on the 3rd March. It said at the time when we have processed your request we’ll post a copy of the judgement to you and BA. I received an email for money claim on 20th March if you do not get a letter your request is still pending and a letter will arrive soon.
    Does anyone know how long this is likely to take as I’ve never had this happen and very surprised BA have not responded?

    Lady London 2,035 posts

    google set aside with “site: headforpoints.com” at the front of your google search line as what you’re likely to see looks like it could take the path you’ll see. JDB in particular has posted very useful stuff on this kind of thing

    JDB 4,336 posts

    @shilly – when you receive the default judgment, you should write to your BA interlocutor who presumably copied you on the application for extension of time, a request they seem to make as standard. Ask them to comply with the judgment by the stated date, failing which you will take appropriate enforcement steps and apply for the costs thereof. However, you may not wish to rush into doing that as I think it will cost you £83 and if it follows the normal pattern, BA will pay up but won’t pay the £83, so may be better just to keep chasing and tell the CAA and CMA. The alternative is that BA applies for a set aside of the default judgment but that costs £275 so they may not, but if they do, it’s not a good idea to oppose it as such satellite litigation carries the risk of costs that shouldn’t apply to your main claim.

    shilly 113 posts

    @JDB & @Lady London thanks very much for the reply and I appreciate the info very helpful. Do you know how long it takes as it’s been over 3 weeks now before I get something to say the judgement is issued or do they give BA a certain amount of time to reply before they issue the CCJ judgement?

    JDB 4,336 posts

    @JDB & @Lady London thanks very much for the reply and I appreciate the info very helpful. Do you know how long it takes as it’s been over 3 weeks now before I get something to say the judgement is issued or do they give BA a certain amount of time to reply before they issue the CCJ judgement?

    A default judgment should be very quick. BA shouldn’t be able to respond, save by applying for a set aside. It may be worth calling MCOL or the local court if it has been transferred somewhere.

    JDB 4,336 posts
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