Help please! Court papers did not reach the right department on time

[bobalott]

Husband and I received a court order for a personal loan, from D G solicitors (hsbc bank) we had already dealt with one for a business overdraft, admitted the claim and got a judgement to pay £1 a month. I followed exactly the same procedure with the personal loan, sent paperwork to DG well in time, special delivery and checked they had been signed for. We then received a judgement in default for the whole amount £19,000! It stated we had not returned the claim form. I phoned the court who were very helpful and sympathetic, saying it wasnt on and they would send some for or other, but the case then got moved to my local court.

 

I contacted the local court who were very unhelpful and said it was DG's problem not mine - they need to set aside the judgement not me??? So I rang DG who said they received the form 10 days late, when I pointed out I had proof of it being delivered in time, they asked me to send the proof. I sent it yesterday (copy of the receipt) special delivery again, the person on the phone said everything would be put on hold for now but didnt say much else.

 

What is likely to happen next? How soon should I ring the solicitor again to follow it up? SAhould I try and get it set aside myself? arrrrghhh I am so confused

[jumpjet]

I am bumping this for you.

[creditcardmug]

Hi if you have a judgement against you, YOU need to get it set aside if you have grounds, i dont know enought about how you do this but my post will bump it and hopefully someone with experience will help

[bobalott]

OK I have rung the solicitors and again they say they have not received my special delivery letter with the copy of the receipt in! However they have received this months payment sent in the same envelope??? The lady I spoke to was actually very understanding and nice, she assures me she will let me know what will happen next when she does get the recepit - she thinks it is likely they will apply to the court again for higher payments than I suggested etc but it all sounds a bit vague..... I will wait a few days and ring again, but the court specifically told me it is not up to me to set it aside - I am so confused.

[AndyOrch]

HI

 

 

You should find all the information you need here:-

 

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

 

the court fee is £75 by the way!

 

 

Regards

Andy;)

[Ell-enn]

Hi there, the instructions for filling in the N244 form on the Nationaldebtline website have not been updated. The form has changed ; you can download a form here: www.hmcourt-service.gov.uk

Select Forms & Guidance from the menu on the left hand side and enter N244 in the box. You will then see the file to download.

 

If you need any help with filling in the form, (especially Q.10) please let us know.

 

Kind Regards

 

Ell-enn

[aBitofaPickle]

I would appreciate any help I can get in filling in the N244.

 

My thread is here