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Setting Aside General Form of Judgment or Order


Loser4u
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I need help on setting aside General form of Judgement or Order.

 

Order says

It is adjudged that the claimant recover against the defendent the sum of ££££ and interest to date of judgement and £££ for costs amounting to the sum of £££

it is ordered that the defendent pay to the claimant the sum of ££££ before dd/mm

 

22/1 have notice of allocation from local court with hearing date as per the above orders date.

 

10/2 letter from court confirming I have filed a defence and asking me to complete the AQ on 1/3 which is 5 days after the court hearng date so I wrongly assumed that the court hearing date wouldn't go ahead.

 

AQ was completed and delivered on the 1/3

 

Had I known the court case was going ahead I would have attended and defended.

My defence is no default notice.

No record of default notice being sent.

No proof of delivery of NOA.

 

I know I have to complete a N244 form and file along with payment.

My reason for setting aside will be the conflicting dates from the court which led me to believe the date for the hearing would be changing?

Do I need to add anything else?

 

Thanks

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You should speak to your local court, clearly there has been a mistake with the dates. Normally they are helpful.

If the claimant has already admitted that no default notice was issued then they had no legal right to instigate proceedings against you.

Why should you have to pay to set it aside. This is a court error.

 

Debs

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Spoke to the court who weren't very helpful and they are not sure why I got a letter asking for AQ to be filed given that I had already sent one and why didn't I attend if I wanted to defend?

Need to file N244 along with £75 fee which I may or may not be able to claim back and apply to have set aside.

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