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

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.

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,

particularly 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

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.

Thread moved as requested.

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

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.

Regards,

H

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.

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

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

I can help complete your N244 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 (PoC)? If you do can you post up a pdf of the PoC or the text of it?

x20