J109 help with Set aside /Judgement by default.

[legalpickle]

PM me and I'll give you my e-mail address to try and help you tomorrow. Going to bed now.

[legalpickle]

sorry I don't know how to pm cant see how to...sorry :?

 

but here is my first draft pls feel free to tell me my mistakes or how i can improve this letter... thanks

 

Jai

 

Dear Judge

 

I wish to apply for my judgement in default to be set aside.

 

The reasons being that I did not receive the summons or any court forms of any kind, however my son who also is a defendant as I stood guarantor for him for his rent whilst at university, received his claim forms which I only found out about after I inquired about this judgement, as he does not live with me, he lived at the address where the arrears were occurred. When my son received the documents he did not inform me as he thought it would not have affected me.

 

Also when the judgement was made against me I was not informed, I only found out about the judgement whilst I was on the process of getting my house remortgaged and everything was fine until they discovered I had a CCJ which I did not even now about, they told us to get in touch with our credit reference agencies, and hence I found out it was from Northampton county court. I called MCOL on 31st July and spoke to a customer service advisor who informed me of my judgement in default, I asked why I had not received any letter informing me of a CCJ against me and I asked what sum it was for he said he would send out a copy which I received a couple of days later, I also wish to add that if I had known about this judgement being issued to me, I would have certainly have paid. I also understand I would have received one full month in which to have paid the full balance and I would have been able to cancel this judgement. The amount that was still outstanding was £66.16 out of £681.16 which has all been paid and the claimant has acknowledged the payment and I have attached a balance sheet of my son’s rent and also a copy of the receipt of the monies paid on the 31st July same day I found out about the Judgement.

 

The only claim form I have received from the courts was one issued on the 25th July 2008, which was claim number ******** which was sent to me and my son which I received on the 30th July which I went and paid directly on the 31st July 2008. This claim included the remainder from the previous claim that I had received a judgement for which has now all been paid.

 

Dear Judge please take into consideration that I have never received any defaults or arrears or any kind of bad credit in my time. I would have certainly have paid if I had been made aware of these court proceedings as I was only the guarantor. I feel like this has been an unfair case as I was not given a chance to defend my case or a chance to pay after the judgement was issued.

 

 

Yours sincerely

 

 

No, no, no. This would almost certainly - in my opinion - fail. Over the forum is too annoying to deal with something like this. I can't read it properly.

 

Here's how to PM me: In the top right hand corner [below the headers], click 'Private Messages'. In what opens up, click 'Compose Message' on the left hand side. Then fill it in - recipient username is 'legalpickle'. Give me your e-mail address and I'll e-mail you.

[legalpickle]

Point made, Andy: So Jai, if you want I'll refine it with you by e-mail and then you can post it back here to see if anybody has anything to add. Happy, Andy?

[legalpickle]

No problem. If you don't want me to give advice by e-mail, then give it publicly yourself. I am only trying to help. It is confusing going between posts and therefore easier for me to do it by e-mail.

I have no problem with it being proofed by others as I'm only trying to help, not cause problems.

The point is not to not let other people see the work, or hide anything, but make life easier for everybody, because following 20 posts back and forth gets very confusing. For all those that have problems with it, help Jai yourselves rather than criticizing.

[legalpickle]

Your letter is problematic because you need to do it in the usual application process using the new n244 from the court service website The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

 

It wil take a lot longer than 3 weeks to deal with it. You'd need to send it to the court with a cheque for £75 and they will take a few weeks to process it. It will then get transferred to your local court who will allocate a hearing. Though the hearing will be allocated quicker than normal hearings it will still take at least another month or two till then. And the CCJ won't be removed till after the first hearing.

 

All applications to set aside judgment must be done with a hearing, so there's no way around it.

 

You're looking at between 6 & 12 weeks till it's removed - more if the court is extremely busy.

 

Others may be able to help with the wording. I've been told off for offering to give advice by e-mail so if people have troubles with that they can give advice themselves. I'm not going back and forth between posts, sorry.

 

Also, don't word letters 'Dear Judge', it's 'Dear Sir'. Unless you're going to the High Court - which this won't be - you will need to address the District or Deputy District Judge as 'Sir' or 'Madam', but when writing letters - unless you know the claim is being allocated to a female District or Deputy District Judge - you write 'Dear Sir'.

[legalpickle]

Thanks LegalPickle,

 

I have got the N244 form but I thought sending a letter also would have helped, but I wont do it if its not appropiate, please can you help me with two questions...

1. I should just state what I am requesting in part 3. i.e having judgement set aside and then the reason why.

 

2.Not recieving notification of judgement or any courts documents telling me about proceedings?....

 

Sorry if i sound silly but what do i tick in part 10. and what should i explain.

 

If its going to take more then three weeks It does not matter, ill just have to go through it again as I can't do anything until I sort this CCJ out.

 

I have the cheque ready also, do I need to send in the reciepts also with the balance sheet of the account to prove its all been paid?

 

Many thanks for your help....

 

Jai

 

 

I wouldn't send a letter. If you need to say more, you can continue on a separate sheet. A letter is not going to help.

 

I would send a cover letter with the whole application and cheque saying that you would appreciate if it was handled quickly, as as they can see from the application you only just found about the judgment and it is causing you problems that must be rectified as soon as physically possible and can only be done so with this application.

 

That letter should be addressed to the court and be addressed 'Dear Sir'. That is only a cover letter and bears little relevance to the application besides for trying to get the court staff to feel for you and process it quickly - because a lot of the time it takes is beauracratic, not to do with the judge and law.

 

Part 3: 'To Set Aside the Judgment as the Defendant [Applicant] did not receive the claim form or Notice of Judgment.'

 

Part 10: Tick 'the evidence set out in the box below' and fill it in.

 

You can fill the whole form in on the computer and print it, only needing to sign it. It is a lot clearer when doing this and the court appreciates clarity.

 

Be as short and succint as possible. Rambling on does you no good, neither in the hearing or the documents. The judge doesn't want to read a whole bunch of stuff that ends up being irrelevant.

 

I would write that you didn't receive any letters informing that your son had defaulted on the rent, and were not made aware of it. Had you known you would have paid prior to the claim even being issued, you therefore contend that it is only right that you should not be liable for the claimant's [respondent's] costs [including court fees] or interest, only the amount that your son defaulted on, minus your costs in making this application, as you contend that the claimant was obligated to give you the chance to pay the debt without issuing any proceedings first. It's worth a try.

 

As I wrote above, try to word it as succintly as possible. Put it through a spellchecker first - if your acrobat reader doesn't have one [mine does].

 

Note: Some applications change 'judgment' to 'judgement'. 'judgment' is the correct form, but 'judgement' has been a change that many accept. All court documents should have 'judgment' written correctly.

[legalpickle]

Yes, tick 'at a hearing'.

Tick 'No' for time estimate agreed by all parties.

 

The Claimant [to be referred to as 'Respondent' during the application] should be present, though in my experience the judge does not get too annoyed if the Respondent does not show up, if they are based in a different city.

 

It depends on who the Respondent is, how much the value of the claim is and how far away they are from your court. If they had filed in London and your local court is, say, Manchester, then they are unlikely to attend though may - if the value is worth it - get a Solicitor sent.

 

I've assisted people - through a local charity, as I speak fluent Hebrew as a legal translator - in such applications and have had some where the other side did show up and others where not. Overall the only difference if they did show up was that the hearing was more contentious, with the Applicant being visibly annoyed at seeing the **** opposite or on the same table, so the hearing took a bit longer - as I got more post it notes from the Applicant than I would have usually.

 

I would recommend a time estimate of an hour. Most applications to set aside judgment - in my experience and I was at another one this morning - take about half an hour but an hour is scheduled.

 

If it's a complicated case, then it would take longer, but from what you say I would say it isn't.

 

Normally there are the following satisfactions the judge has to fulfill before he/she would set aside the judgment;

1. That there is due reason why the judgment should not have been awarded and thus should be set aside.

2. That the Applicant has reasonable prospects of success in defending the claim.

 

The former is obviously satisfied, but you need to make clear that the reason you are asking the judgment to be set aside, is not because you wish to defend the whole claim, but because you were given no notice of the claim and did not receive the claim, therefore wish to pay the amount that you would have had the chance to pay prior to the claim being issued, without any interest, court fees, costs or added judgment enforcement costs.

 

This matter needs to be made crystal clear otherwise you are likely to fail, as you will not have put any defence in.

 

You should also state - in the hearing - that if you are ordered to pay an amount to the defendant/respondent, you will pay within the month and thus not incur a judgment on your record.

[legalpickle]

No probs. Good Luck and keep us posted.

[legalpickle]

Ok, I'm going to be semantic so that it's perfect, including correcting the grammar and capitalization.

 

Part 3: To set aside the Judgment as the Applicant [Claimant] did not receive a copy of the Claim Form or Notice of Judgment. The Applicant did not receive any warning of the issuing of the proceedings that resulted in this Judgment either. The first the Applicant heard of this Judgment was in a recent credit check when he was refused credit.

 

Part 4: Yes - Make a draft order, I'll deal with that below.

 

Part 9: Defendant

 

Part 10: Misunderstanding here, this shouldn't be addressed as 'Dear Sir', only letters, I was commenting on 'Dear Judge' when I wrote that. The below fits perfectly into the section;

 

The Judgment is apparently because the Applicant's son had allegedly defaulted on his rent and the Applicant was a guarantor for that rent. No letters were received by the Applicant notifying him that his son had defaulted on his rent, and as stated above, no Claim Form or Notice of Judgment had been received by the Applicant. Had the Applicant received correspondence from the Respondent prior to their issuing the Claim that resulted in this Judgment that the Applicant is contesting, the Applicant would have certainly paid it as he does responsibly with all his other lawful bills.

I therefore contend that the only amount that the Applicant should have to pay the Respondent is the amount that would have been due prior to interest and any costs, before the Claim was issued, minus the Applicant's costs in this Application which has been necessitated due to the Respondent's negligence. The Applicant requests that this Judgment be Set Aside as it is unfair on him through the effect it has on his credit record and he was not given due notice to be able to pay the debt prior to the Claim being issued. Other than that the Applicant does not have a defence to the Claim - or as much of the Claim as the Applicant is aware of at this stage. In conclusion the Applicant requests from the court and order to pay the amount detailed above - following the calculations to be supplied by the Respondent - and that the Judgment be Set Aside and duly erased from the Applicant's credit record, so as not to cause the Applicant any further damages in the future.

Statement of Truth: Fill in your name, sign & date - you can write everything but your signature in the form.

 

Good luck & keep us posted.

[legalpickle]

Sorry forgot to deal with the Draft Order bit, which is also very important. I've attached it as a Word '97 .DOC.

draftorder.doc

[legalpickle]

Hi legalpickle,

 

that is great, but I dont know if I forgot to mention that all the debt was paid on the 31st July, so in the draft do I take out ....

 

 

'The Applicant will pay the Respondent within 28 days thereafter the amount the Respondent claimed minus all interest, minus all costs and further deducting the sum of £75 for the Applicant's cost in making his Application. To save any mistakes from happening in future it is preferred if this can be by bank transfer or in the worst case scenario by cheque sent by special delivery or other guaranteed service.'

 

Do you think I will need to attach any other documents with the N244 except the draft? i.e any reciepts of payment or rent account documents?

 

thanks....

Jai

 

You did forgot to mention it and it does change everything!

 

You can't issue a claim via an Application Notice. If you've already paid it, it will be problematic to remove it.

 

You should have agreed with them that it will be removed and they could have written to the court and it would have happened with the need for an application.

 

This confuses matters quite a bit. I've got some stuff to do now, but I'll try and help you later on.

 

You're going to need to explain why you paid the judgment debt without disputing that it was there - that's generally the way to go about it.

 

Also, whilst you may recoup the cost of the Application you are unlikely to get the costs of their claim recouped, because as I've written above, you can't issue a claim arising out of the Application - to the best of my knowledge.

 

If they have refused to remove the judgment, then you are applying for the judgment to be set aside, but have to mention that they refused to have it removed or pay the cost of the Application, and therefore you have been left with no choice so as not to damage your credit record further.

 

Yes, if you've paid it, a copy of the receipt should be attached.

[legalpickle]

That's fine,

 

In my previous post I did mention that we received the judgment due to not paying £66.16 out of £675.00, as I mentioned before I had no knowledgeof this as my son took it upon himself to pay this debt therefore not informing me, I just paid it because I wanted to get out his contract of being his guarantor, I don't really mind not recouping the money I just want this judgment off.

 

Thanks Leagalpickle you have given me alot of your time, I'll wait for your response when you're free.

 

Thanks

Jai

 

 

I didn't notice it then. This is even more confusing now.

 

How much did you pay at any time? i.e. how much - if any - prior to any judgment for whatever reason, and how much after the judgment.

 

Your wording to me is unclear, and I am now understanding from it that you had paid them most of it, then found a judgment on your record for the rest - less than £70 - which I fail to understand. Why didn't you make sure your son paid the £70 to be done with it? Or why didn't you do it - after he had already not paid the bulk - and have everything over?

 

I'm playing devils advocate here. It's not a clear case of not receiving the claim form. My guess is that this is why the other side - if you've asked - have refused to remove the judgment, because they know it ain't a piece of cake.

[legalpickle]

Help please....very confused now....

 

thanks

Jai

 

 

Jai,

 

Unfortunately I have several businesses to run, physiotherapy & exercises and a lot of other things on. I have had an extremely busy day and a half. With the credit crunch hitting hard, I am feeling the pinch and need to work harder.

 

I will do my best to post some time tomorrow, but if somebody else has the time sooner, I won't be complaining.

 

I would much rather not having any worries and being able to sit assisting people on forums all day every day, but unfortunately I can't.

 

If you haven't already, it would be appreciated if you clicked on the scales and leave me positive feedback in the bottom left hand corner of the side box of my post - the box with my username and details.

 

Sorry,

legal

Edited August 14, 2008 by legalpickle
typo

[legalpickle]

I understand this is confusing, as when this claim form was issued I never received one, my son got his claim forms at his university address, he never told me, he decided to sort it out himself, he got his university to pay a large amount and he paid the remainder thinking it was all paid, no one contacted him again and he left it as that, as the monies owed went directly to the estate agent, from what i understand now is that he never paid the intrest and court fees that is what the £66.16 was for, he said he did not realise he had to pay that as he paid directly to claimant not courts. I only have found out about this when I discovered I had a CCJ.

 

My son has told me that this was paid ont he 19th June and the claim was issued on 26th March 2008 , and the remainder which was the £66.16 paid on the 31st July 2008, all the debt including court fees has now been paid. The judgment was issued in May.

 

I have not asked anyone to remove the judgement yet, and if I had known anything about this claim in the first place I would have paid the entire amount myself, as Ive stated I did not know anything, I did not recieve any documents. I certainly did not recieve notification of my judgment.

 

Thanks

Jai

 

Jai,

 

Sorry I have been extremely busy over the past couple of days with a lot on, and a lot planned over the next week. I will do my best to help, but there may be delays between my posts. I am Orthodox Jewish so I won't be making any posts from Friday afternoon till Saturday night due to Sabbath, and unlikely to be any on Friday afternoon due to a hospital appointment.

 

Ok, so basically the wording must be completely changed. I am assuming that your son did not receive a court claim for the £66.16? If this is the case then they have a lot to answer for! Also, your judgment would have been for more than what he owed as there would have most likely been court fees and interest on top of it. So;

- How much was outstanding after your son had paid the first amount?

- How much was judgment awarded against you for, after the small amount overdue?

- Did they issue proceedings against him for the £66.16? Basically the terms of a guarantor agreement are that they must pursue the debtor first. If they did not write him further letters once he paid the main amount, for the £66.16 then they were in breach of the agreement. Also if he wrote them a cover letter or a 'with compliments slip' saying something like 'Please find the attached £..... in full and final settlement of your claim.' then their cashing that cheque could have warranted the closure of the whole case. This would take a lot longer to advise on as is a potential claim, and in order to deal with it, would need to know all the details of the matter. I would therefore suggest that on the latter matter, you go to CAB or a legal help centre for help, as the only way you'll be able to deal with it here is if others also contribute their help and as previously agreed in another forum, solely depending on forum help is not advised as most of us are not legally qualified. Whilst I have quite a bit of legal experience I am as of yet not legally qualified, I therefore alone would be loathe to advise you on the matter of issuing a claim against them, but if I was in the same position, I would definitely issue such a claim.

 

However as such a claim would be different to this matter, I shall proceed to try and help you on the issue of this application.

 

Before I proceed on to the Application however, I would recommend writing a letter to the creditor detailing what happened offering them the option within 7 days to ask the court to remove your judgment on the basis that it was based on a misunderstanding and has since been paid within a month of your finding out about the judgment by receiving a copy of your credit record. If they don't you will make an Application on Notice to do so, demanding that they be liable for your costs in such.

 

You are obliged to try and mitigate your losses. If you do not do so, you are likely to encounter troubles. Draft that letter and post it here and I will do my best to refine it, as soon as possible. Then send it special delivery to them and keep a copy and all receipts. Only make this Application after the 7 days have expired.

Now back to the Application; We basically need to revise the statement in the last section before the Statement of Truth, to say something like [and this is a very rough version done at 11pm when I'm completely knackered, so will need some refining];

 

The Applicant did not receive the Claim form or any other documents relating to the Claim to which this Application relates. The Claim relates to a guarantor agreement of the Applicant for his son's defaulted rent. His son had received a claim form, which he thought he paid, but it later transpired that he had not paid interest which he did not think he had to pay. The Respondent subsequently issued this Claim against the Applicant which the Applicant did not receive. The Applicant subsequently checked his credit record and found a Judgment for the amount of £.... which he duly paid, explaining the situation to the Respondent, giving them the option of requesting that the Judgment be removed from the records with the court office [thus Registry Trust Limited and the 3 Credit Reference Agencies]. They refused to do so which has left the Applicant no option but to make this Application in order to prevent this Judgment from causing him further damage.

The Applicant seeks costs in this Application due to the Respondent's negligence in not making him aware of the Claim in sufficient time to make sure the Judgment would not affect his credit records and further their refusal to have the Judgment removed from the Applicant's credit records after the payment.

The Applicant seeks to remove this Judgment from his record on the above grounds forthwith.

 

That's a rough draft, so please fill in the space and do your best to improve it and post an amended version here which I will subsequently look at.

 

I should say that this is no longer an emergency, because you must mitigate your losses and send the Claimant a letter. Assuming that can be sent on Monday 18th by special delivery, they won't get it till the 19th, that means you can only submit the Application the day after a week later which is 27th - meaning we have more than a week to refine it. The letter however is very important.

 

Good Luck,

legal

[legalpickle]

Thank you Legal,

 

I know it is late, I really apreciate your help, I will answer the last few questions you have asked,

 

1. My son's university sent a sum to the claimant and the remainder my son paid. After this my son recieved no letters requesting any further money. This was paid in June claim recieved in March, after the claim was issued.

 

2. Judgment was awarded for £66.16. The initial debt was £701.16 (estimate sorry I don't have paperwork on me, at the office).

 

3. No we did not recieve any letters requesting the £66.16, unfortunately my son did not send a cover note with the letter informing of final settlement.

 

I do not understand wether judgment in default was issued before they recieved any money, as when I recently requested the judgment notification copy it stated on there it was issued due to £66.16 not being paid, suggesting the judgment could have been made after the large sum had been paid off.

 

Legal are you saying that if we wrote to the landlord (claimant) who issued the claim to remove the judgment, he could??? or do I still have to do the N244?

 

Legal I understand you are busy, I will wait for your reply when you are not busy, If you need any more question answered please let me know. You have been a great help, you have helped me alot, even if I don't suceed atleast I know I tried. I will not give up, I will definately follow your guidance.

 

 

 

Thank you, take care

Jai

 

 

The Claimant can write to the court and say the Judgment was issued on a misunderstanding and has been paid [not satisfied] essentially within a month of any "notice" [i.e. finding out from your credit record], thus should be removed completely. The court is then obliged to do so. Make sure you verify the court has done so, and send a copy of the confirmation to the three credit reference agencies together with a cover letter with the references of your reports.

 

Thus, if they refuse, you should be entitled to costs in your Application without much problem.

 

You have some 'homework' to deal with before further work from me, detailed in my last post. I will try and respond as soon as I can after you post those drafts.

[legalpickle]

Thanks Legal,

 

I will do, Ill try and have the letter done by Monday,

 

Thank you & good night....

 

 

Jai

 

Try and do it by Sunday so that I can review it Sunday afternoon for you.

 

Good night

[legalpickle]

 

It has been bought to my attention that you have filed a judgment against me, as I was the guarantor for my son* son’s name* rent. I believe my son was in arrears and you filed a claim for the arrears which were £701.00; I understand that my son paid that debt but there was a remainder left which he was not made aware of the amount being £66.16. My son did not receive any further letters or notifications for the debt outstanding, but still you issued a judgment in default against me.

Had I been made aware of this claim against me, I would have paid it within the month of receiving the judgment. I have never received any letters or notification regarding this debt. I therefore would like to correct this misunderstanding, due to you not sending out any further letters requesting payment for the £66.16 you were in breach of the guarantor agreement.

I have only recently discovered about the judgment by receiving a copy of my credit file. I would therefore ask you to contact the court within the next 7 days to remove this judgment which has since been paid, if you do not I will be making an application on notice to do so, in which you will be liable for cost of the application. You are obliged to try and mitigate your losses, if you do not do so; you are likely to encounter troubles. (DO I PUT THIS BIT IN OR DOES IT SOUND THREATENING?)

I will be making an application once the 7 days have expired, if we cannot solve this, I am requesting you to contact the court to remove this judgment by explaining this misunderstanding , if you do not do so I will be making this application and pursue you for the court fee, interest and application cost, as this has been an error on your half as you broke the guarantor agreement by not pursuing the debtor *Son’s name* for the £66.16, and then not sending me any letters for this debt, this is the amount that the judgment was filed for. You also are in breach of not paying back my son’s deposit, you have not written to us explaining if there were any damages and if so what cost?

I hope we can resolve this within the next 7 days, please can I have written confirmation on what action you decide to take.

 

Thank you.

 

Firstly, please disclose everything of relevance when asking for help. Neither I nor anybody else can help if you don't and the advice given on the basis of incorrect or incomplete information may be wrong for the correct or complete information.

 

Secondly, they have no liabilities to you for holding on to your son's deposit. Most likely they would have offset the deposit from the arrears, and most likely your son would have received a statement together with his court action, but this does not matter to your case. Even if they have not offset the deposit and held on to it unlawfully, you cannot raise a claim for it, only your son can. So this bears no relevance to the matters at hand.

 

Dear Sirs,

 

Re: [claimant] vs. [Jai - your name] in [court name] County Court with the Claim No.: [claim no.]

 

I recently found out when checking my credit record that you had obtained a Judgment against me for the sum of .... Apparently this was for the arrears that were unpaid by my son [name] for the rent on [property address] in [year].

 

My son had paid all the arrears he believed he had owed and had not received further letters from you. Instead you issued a claim against me without sending me the claim form - which I would have defended, and thus requested Judgment in Default, and did not send me a copy of the Notice of Judgment either making it impossible for the matter to be rectified within the month after Judgment.

 

The debt has since been cleared.

 

The end result is that I have a Judgment on my credit record that should not have been there which is causing me damages. The first option to rectify this issue is that you write to [court name] County Court, sending a copy to me at: [enter address]; advising the court office that the Judgment was obtained in error and has therefore been paid within a month of the Defendant being notified of the Judgment, thus should be removed forthwith from Registry Trust Limited and the Defendant's credit file.

 

The second option is that I apply for the Judgment to be Set Aside, in which case I will seek costs in such from yourselves. The first option is obviously preferable to all involved.

 

If you are to accept the first option, I demand that this is dealt with within 7 days from the date of receipt of this letter or I will be forced to proceed through option 2, which I trust will not be necessary.

 

I look forward to hearing from you.

 

Sincerely,

 

Mr. Jai...

 

As stated previously, send it by special delivery, keeping a copy and check they receive it online with Royal Mail's track and trace facility at http://www.royalmail.com.

 

Good Luck,

legal

[legalpickle]

Hi Legal,

 

"Firstly, please disclose everything of relevance when asking for help. Neither I nor anybody else can help if you don't and the advice given on the basis of incorrect or incomplete information may be wrong for the correct or complete information."

 

Im sorry if I have not disclosed everything.

 

Thanks for that, I will redo it and send it out special delivery tomorrow,

 

Thanks

Mrs Jai

 

 

The deposit issue.

[legalpickle]

I will post back on here once the seven days has expired, and in the mean time I will get the N244 ready, Im not too worried about the deposit only added it thinking it might help, but It doesn't matter.

 

Thank you Legal,

Mrs Jai

 

If they have really taken the deposit without offsetting it against the arrears then your son would have a claim against them, but that is for him to work out.

 

Work on the N244 Friday/Saturday if you haven't heard anything and Sunday/Monday [bank holiday] I'll try and help. Then you can send the Application a week on Wednesday [7 days + 1] if you haven't received anything. They don't get any extensions for bank holiday!

[legalpickle]

Thanks Legal,

 

Will do.

 

Mrs Jai

 

Have you heard from them yet, Jai?

 

If not, I think it's about time we started preparing that N244 of yours.

 

Before we do, go to http://www.royalmail.com and enter the tracking code [for special delivery should begin with 'ZV' and end in 'GB'] to check when they received it, and print off - to attach to the N244 - the signature, not the end of the world if you can't get it [they don't have it online for every depot or postie - not everybody is modern enough yet!] confirmation of receipt will do.

 

If you have, what was their response?

[legalpickle]

Hi Legalpickle,

Hope your well.

No I have not heard from them, I will print off the confirmation if they have it online, I have already filled out a N244 online and I think I will have to change some of the questions asked. When do you think I should post the N244? and also who do I make the cheque payable to?

 

Thanks

Jai

 

All cheques to the court service are made payable to 'HMCS'.

 

If you want to post the information from each field up here [please don't post the PDF, it get's annoying going back and forth], to go through it one last time, then no problemo.

 

As written previously, N244 with cheque get's sent with cover letter to relevant court on Wednesday which is 7 days plus 1 after they received the letter. Don't trust the post with such important matters - you probably know what Royal Snail is like - send it by special delivery as well.

 

Whilst advice and checking the bulk is done in the forum, if you want me to check the personal details are put in correctly, I can do that by PM/e-mail as it's confidential and understandably you don't want to post that on the thread for all to see.

 

If you work on it tonight/tomorrow morning, I should have some time tomorrow afternoon, if nothing too crazy happens in my life over the next 14 hours!

[legalpickle]

No worries Legal will do, I will do it by tomorrow afternoon and ill post it on the thread minus the personal details, I have the cheque ready for £75, the cover letter??? did we go over that one? was it the draft that we did?

 

I will get the cheque, cover letter, reciepts, and the letter we sent to the claimant ready.

 

I will post it special delivery, on Wednesday

 

Thanks

Mrs Jai

 

Nope. The cover letter should be a simple letter to the court saying something like;

 

Dear Sirs,

 

Please find attached my Application to Set Aside Judgment in relation to clam number .... [bold the claim number - some court staff are dumb, it's got to stand out to them] together with supporting evidence.

 

This matter is of utmost urgency to me, therefore I would much appreciate if you could deal with this as soon as physically possible.

 

Sincerely,

 

Mrs. Jai.

 

 

 

The receipt or confirmation of payment, for satisfying the Judgment should also be attached.

 

Feel free to e-mail me a copy of the full form and cover letter with all the personal information to give it a final proof.

[legalpickle]

OH NO!!!

Just checked Royal mail, it says to come and check back later as item has not been delivered, does this mean they have not accepted it? I sent two letters both the same to make sure it was delivered on Monday recorded delivery.

 

Jai

 

Recorded or Special??? I specifically told you to send it Special. Did you???

[legalpickle]

3.To set aside the Judgment as the Applicant did not receive a copy of the Claim Form or Notice of Judgment. The Applicant did not receive any warning of the issuing of the proceedings that resulted in this Judgment either. The first the Applicant heard of this Judgment was in a recent credit check when she was refused credit.

 

4. Yes

5. Hearing

6. 1 Hour

8. District Judge

9. Defendant

10. The evidence set out in the box below

 

The Judgment is apparently because the Applicant's son had allegedly defaulted on his rent and the Applicant was a guarantor for that rent. No letters were received by the Applicant notifying her that her son had defaulted on his rent, and as stated above, no Claim Form or Notice of Judgment had been received by the Applicant. Had the Applicant received correspondence from the Respondent prior to their issuing the Claim that resulted in this Judgment that the Applicant is contesting, the Applicant would have certainly paid it as she does responsibly with all her other lawful bills.

The Applicant requests that this Judgment be Set Aside as it is unfair on her through the effect it has on her credit record and she was not given due notice to be able to pay the debt prior to the Claim being issued. Other than that the Applicant does not have a defence to the Claim - or as much of the Claim as the Applicant is aware of at this stage. In conclusion the Applicant requests from the court and order to pay the amount detailed above - following the calculations to be supplied by the Respondent - and that the Judgment be Set Aside and duly erased from the Applicant's credit record, so as not to cause the Applicant any further damages in the future.

 

I WILL ALSO E-MAIL YOU THE FINAL DOC WITH ALL MY DETAILS AND THE COVER LETTER, thank you.

 

"In conclusion the Applicant requests from the court and order to pay the amount detailed above - following the calculations to be supplied by the Respondent - and that the Judgment be Set Aside and duly erased from the Applicant's credit record, so as not to cause the Applicant any further damages in the future." should be changed, as you've already paid it.

 

You should add that since you have been made aware of the debt you have paid it.

 

Replace the above with;

 

"In conclusion, the Applicant requests from the court to Set Aside the Judgment, so that it be duly erased from the Applicant's credit record so as not to cause the Applicant any further damages in the future and that the Defendant be liable for the Applicant's costs in this Application due to their negligence in not serving the Claim Form and Particulars of Claim on the Applicant."

 

You may need to add more when we know where the letter has gone to. I specifically told you to send it by special delivery as recorded delivery goes missing more often than I can count!

[legalpickle]

My husband posted it for me and he did it recorded, first class.

 

Well, for not following my instructions, it has gone missing as most things do when sent recorded with Royal Mail. As the Respondent has most likely not received it due to Royal Mail's incompetence you have not done your best to mitigate your losses - it is your obligation to do so, and I would advise you to send it again - and make sure to send it by special delivery, not recorded delivery.

 

Recorded is not a guaranteed service. It goes through the usual postal system and if it arrives, it is signed for, if the postie is not too lazy. Special delivery is a guaranteed service.

 

Now, I would recommend you resend the letter, making sure it is sent by special delivery [the grey slips, all tracking codes begin 'ZV' and end 'GB' as opposed to recorded delivery which are the red slips that begin 'DW'] and put off the Application by a week.