I have a judgement issued against me from 2008 for a car finance.
The Finance company won judgment in 2008 and enforced judgment in 2010.
At the time I tried to manage the case on my own and was in a bit of a mess, recently ive been goin over the files and I am finding lots of errors with the origional case.
I Origionally lodged a defence and counter claim against the court summons. According to the court office " A notice of motion and a grounding affidavit was served on me seekeing judgment despite the fact a defence was logged. There is an affidavit of service on file saying these doucments were served on me."
I have just noticed that the address of the addidavit that the documents were served at was not the address I was living at. I had changed address some 12 months previous and had informed the creditor at the time.
According to the court the creditors representatives placed an affidavit stating they served me at my old address, which wasnt possible as I wasnt living there.
In short do I have any grounds to return to court and have the whole case thrown out due to the lies of the affidavit or failure to issue proceddings agaisnt me correctly?
I only became aware of judgement by myself whe a recorded letter was sent to my old address that was set up for mail divertion. No order letters such as court summons etc were ever recevied.
Thanks for any replies.
The Finance company won judgment in 2008 and enforced judgment in 2010.
At the time I tried to manage the case on my own and was in a bit of a mess, recently ive been goin over the files and I am finding lots of errors with the origional case.
I Origionally lodged a defence and counter claim against the court summons. According to the court office " A notice of motion and a grounding affidavit was served on me seekeing judgment despite the fact a defence was logged. There is an affidavit of service on file saying these doucments were served on me."
I have just noticed that the address of the addidavit that the documents were served at was not the address I was living at. I had changed address some 12 months previous and had informed the creditor at the time.
According to the court the creditors representatives placed an affidavit stating they served me at my old address, which wasnt possible as I wasnt living there.
In short do I have any grounds to return to court and have the whole case thrown out due to the lies of the affidavit or failure to issue proceddings agaisnt me correctly?
I only became aware of judgement by myself whe a recorded letter was sent to my old address that was set up for mail divertion. No order letters such as court summons etc were ever recevied.
Thanks for any replies.