Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder hitman126 Novitiate

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    Default Completing N244 for Judgment to be set aside - Please Help!!

    Hi All,


    I am trying to get a judgment in default set asideicon and would really appreciate some help with filling it, as the Guidance Notes that comes with it is, to put it bluntly, virtually useless. It just isn't detailed enough.

    The fact of the matter is, I never once received the Claim Form or Notice of Judgment as they were all sent to an address where I don't even reside. Yes, I do own the property but it is rented to tenants and as such, I therefore do not have regular or direct access to it as one would expect. As a matter of fact, until last Tuesday September 9th, when the tenants requested I drop by for a brief discussion, I hadn't visited the property for
    well over 2 months and only therefore had any knowledge of a Judgment for Claimant (in default) being made against me, through the statutory Court Letter which was dated September 3rd. Quite bizarrely, the deadline day to pay the claimant was also set as September 3rd.

    Further background to this is that the claimant has proceeded to send this matter to the county courticon to pursue payment for his costs in a previous Leasehold Valuation Tribunal enfranchisement case.
    Basically, myself and the only other leaseholder of a 2 flat property jointly tried to purchase the freehold, the LVT adjudicated but the deal fell through when the other leaseholder failed to fulfill his financial obligations to ensure we secured the freehold. The freeholder subsequently proceeded to demand payment for his costs, I paid my half of it in full but the other leaseholder gave the freeholder the runaround and eventually he's sued me in court for the outstanding amount, as he's deemed I'm jointly and severally liable.

    Obviously I now wish to apply to the court to set this judgment aside, but need some serious help in completing my N244icon form. I must also add that I do know the whereabouts of the unscrupulous defaulting leaseholder and would like to name him in this matter. I am however not sure whether that would be a later action to take after judgment has been set aside, or whether to state that fact from the onset, i.e. when completing the N244
    form.

    I am rather unclear on how to complete the following questions on the form, particulary in light of the fact I am naming a third party in this matter, the other leaseholder.

    Q4. Have you attached a draft of the order you're applying for?
    Q5. How do you want to have this application dealt with?
    Q7. Give details of any fixed trial date or period.
    Q8. What level of Judge does your hearing need?
    Q9. Who should be served with this application?
    Q10. What information will you be relying on, in support of your application?

    I will really appreciate all the help I can get on this and have attached a copy of the N244 form, if it helps.

    Thanks

    Hitman

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  2. #2
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    Default Re: Completing N244 for Judgment to be set aside - Please Help!!

    Bumping your thread for you. I wonder if you need for this to be moved to legal issues. I will ask a mod/site helper to get it moved. You might get more help that way.


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    Default Re: Completing N244 for Judgment to be set aside - Please Help!!

    Thread moved as requested.


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    The Consumer Action Group is a free help site.
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    Alliance & Leicester Moneyclaim issued 20/1/07 225.50 full settlement received 29 January 2007
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    Default Re: Completing N244 for Judgment to be set aside - Please Help!!

    When do you need to have this form back with the court ?


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    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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    Basic Account Holder hitman126 Novitiate

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    Default Re: Completing N244 for Judgment to be set aside - Please Help!!

    Hi Citizen B,

    Thanks for your help on this. On the form itself, considering I've already lost about a week, as a result of not receiving the notice promptly, I was aiming to get the completed N244icon posted to the court latest this Tuesday/Wednesday.

    Regards,

    H


  6. #6
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    Default Re: Completing N244 for Judgment to be set aside - Please Help!!

    I am sorry I am unable to help you complete the form, so I have asked a mod / site helper to look in on you.


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    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read

    BCOBS

    2: Does your Bank play fair - You can force your Bank to play Fair with you
    3: Banking Conduct of Business Regulations - The Hidden Rules
    4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly
    5: Fair Treatment for Credit Card Holders and Borrowers - COBS



    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
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    Default Re: Completing N244 for Judgment to be set aside - Please Help!!

    I'm limited in the help I can offer but HMCS has some useful information, and court staff should also be able to help you with the forms. Judgments


    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 225.50 full settlement received 29 January 2007
    Smile 1,075.50 + interest Email request for payment 24/5/06 received 1,000.50 14/7/06 + 20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
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  8. #8
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    Default Re: Completing N244 for Judgment to be set aside - Please Help!!

    I don't know where you are at now - so I'll start at the beginning:

    Q3: The order you are asking for is a set asideicon of the judgement in case xxxxxxx
    Q4: No
    Q5: Tick whichever - without a hearing will cost you 75, at a hearing I think will cost 35. Not sure about telephone hearing
    Q6: 2 hours, No
    Q7: none
    Q8: District Judge
    Q9: Put in name of other side
    Q10: tick "evidence in this box" and then summarise your case - most of the info is in post #1

    I hope that helps. Sorry for the last-minute reply

    Steven

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    Default Re: Completing N244 for Judgment to be set aside - Please Help!!

    I can help complete your N244icon subject to being told on what basis you propose to resist the LVA's costs order and the wording of the costs order.

    I take it you do not have a copy of the Claim Form or Particulars of Claim (POCicon)? If you do can you post up a pdf of the PoC or the text of it?

    x20



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