Responding to your RP zingy.

 

So what happened?...you acknowledged service and then had another 14 days to submit your defence...why did you not submit one?

 

"I actually thought I had, but turns out I didn't."

 

Regards

Andy

There was the thing whereby they went back to the client to get a copy of the agreement. And, because of Christmas etc, etc, things just went on; and, as I was sorting out my father's estate (died suddenly in Sept; took until end of Jan to sort it all out), I thought I had already filed the defence. First thing I knew was checking my credit report. Never received a judgement notification etc. (Signed into MCOL to see what it showed.)

Did you acknowledge service?

Did you acknowledge service?

Yes

Yes

Well under those circumstances you are allowed to set a side...as its an irregular judgment.....the court must set a side.

Regards

Andy

Well under those circumstances you are allowed to set a side...as its an irregular judgment.....the court must set a side.

 

Regards

 

Andy

Thanks. I thought that would be the case.

Can I get some help completing the n244 form? I've followed the factsheet on national debt helpline. Ticked that there should be a hearing and not ticked any other boxes.

What do I need to put in the evidence box?

And, what is the fee?

Irregular Default Judgments

The law distinguishes between two types of default judgments: “regular” and “irregular” judgments. A default judgment will be irregular if it has been entered when:

• The defendant has filed an acknowledgement of service or a defence;

• The time for filing the acknowledgement or defence has not yet expired;

• The defendant has made an application to strike out the claim or for summary judgment;

• The defendant paid off the whole claim, including any costs and interest, before judgment was entered;

• The defendant has filed an admission to the debt and asked for time to pay.

A default judgment entered in any of these circumstances is not valid in law and the court must set it aside.

In evidence simply state your reason for making application to set a side judgment and then add pursuant to CPR 13.2

The fee is £155....unless you can get the claimant to agree without hearing then it would be £55

Irregular Default Judgments

 

The law distinguishes between two types of default judgments: “regular” and “irregular” judgments. A default judgment will be irregular if it has been entered when:

 

• The defendant has filed an acknowledgement of service or a defence;

• The time for filing the acknowledgement or defence has not yet expired;

• The defendant has made an application to strike out the claim or for summary judgment;

• The defendant paid off the whole claim, including any costs and interest, before judgment was entered;

• The defendant has filed an admission to the debt and asked for time to pay.

 

A default judgment entered in any of these circumstances is not valid in law and the court must set it aside.

 

In evidence simply state your reason for making application to set a side judgment and then add pursuant to CPR 13.2

 

The fee is £155....unless you can get the claimant to agree without hearing then it would be £55

Does that mean I have to write to the Claimant first to 'discuss' it with them then?

You dont have to...but if you did and got their consent it would save you £100 Hearing fee.

I submitted the form without consulting them. Presumed they'd say no anyway.

Will update when I hear something.

Okay, got the information about a hearing date (late October). Pretty sure I have to state my case at the hearing and take my defence as well?

Also, I received an Attachment of Earnings Application sent from a local baliff to me. Am I right that I should send a letter to the court requesting that all enforcement should be stayed until the hearing (and send the baliff a copy of that letter)?

Yes you need to suspend the AoE in view of the pending set a side.

Yes you need to suspend the AoE in view of the pending set a side.

I thought so. Is there a special form or do I just send a letter?

Can you stop an attachment of earnings order from being made

You can ask for the court not to make an attachment of earnings order if your creditor will agree to a new payment plan to pay back what you owe.

This is called asking for a suspended attachment of earnings order.

You can ask for a suspended attachment of earnings order by ticking a box on form N56 and giving your reasons.

Thanks Andy. I'll fill in the suspension part and send it back.

Andy, i received the N56 back from the court. They wrote that I need to complete the form and it will be placed on file (I completed my name and address, and added reason for staying enforcement). Is this correct?

Andy, i received the N56 back from the court. They wrote that I need to complete the form and it will be placed on file (I completed my name and address, and added reason for staying enforcement). Is this correct?

Yes thats fine zingy...return it ASAP.

Regards

Andy

An update.

The date of the hearing is this week and Marlin have sent a witness statement (attached). Received yesterday.

I know I need to put something together. Just wondering about their arguments under 14-19, and that point 9 is incorrect: they asked me for more time (this was the one before Christmas, where they asked for more time and it confused me etc).

Any thoughts and do I need to attach my defence?

You need to submit a defence then Zingy....I wont be around until later this evening....but look at other similar claims from the same claimant and particulars similar to yours...find a defence and adapt it.

If the hearing is this week you really should have filed a defence/witness statement 7 days pre hearing...leaving it a bit late.

Andy

You need to submit a defence then Zingy....I wont be around until later this evening....but look at other similar claims from the same claimant and particulars similar to yours...find a defence and adapt it.

 

If the hearing is this week you really should have filed a defence/witness statement 7 days pre hearing...leaving it a bit late.

 

Andy

Thanks, Andy.

I will take a look through things and post something up this afternoon.

It didn't say exchange information on the hearing info from the court so I assumed we didn't have to do anything (naively).

The hearing is on Friday.

Good.....just take it with you then and perhaps email a copy to the claimant before hand...just a brief version should suffice .....providing you can produce an argument that has merit a set a side should be allowed.

I was thinking the same.

Going to email it and fax it I think.

Just working on it now. Been a busy day already.

Hi Andy,

I'm sure it requires more work, but here it is. (I know it doesn't following closely other threads [the defence], as they have provided notice of assignment copies etc, even though I didn't receive them.)

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REMOVED

Did it take you 4 months to make application or did you only become aware of the judgment in July? Dont forget the court will have issued Notice of Judgment at the date of issue to you and the claimant will have chased their judgment since ?

I became aware of the judgement in July.

Didn't receive notification from either. It's not uncommon with the Court: I haven't received transfer notices and other stuff from the Court for other cases (and this case) before.

Then that's what you need to state within your WS...keep it in chronological order before 2 insert that you acknowledged service on the xxxxxxx...then move into your family problems.

Then in 5 start it with your last post that the court failed to notify you of judgment and then expand.

Your intended defence needs a little work...in your WS you request that it be set a side and the claimant disclose the relevant documents...yet in your proposed defence you then run through all the problems with their documents...It may appear to the court that you already have sufficient information to draft a defence without further disclosure.......be careful