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Cagger since : Sep 2008
Posts : 39 (0.01 post per day)
Completing N244 for Judgment to be set aside - Please Help!!
Hi All,
I am trying to get a judgment in default set aside 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 court 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 N244 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.
Cagger since : Dec 2007
Posts : 72,617 (20.66 post per day)
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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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
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.
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
Cagger since : Sep 2008
Posts : 39 (0.01 post per day)
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 N244 posted to the court latest this Tuesday/Wednesday.
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
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.
Cagger since : Dec 2006
Posts : 15,555 (4.01 post per day)
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 aside 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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Completing N244 for Judgment to be set aside - Please Help!!
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
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