Claimant help with Form N244

[cp1382]

Hi there

Long and short of my case:

I moved into a rented flat 3 years ago and paid a deposit to an estate agents. They allegedly paid it into a deposit scheme. After the 12 months the landlord came to the flat to inspect everything and all was good for us to retrieve the deposit in full. Unfortunately to our dismay we found out that the estate agent didn't pay the money into a scheme, used it to uphold their business and went into liquidation 3 months prior. We got advice and it seemed clear to us that the estate agency was working on behalf of the landlord and so the landlord was responsible for making sure that the monies were to be paid in correctly and therefore was responsible for paying us the money back. The landlord refused to pay saying that he paid for the estate agent to handle everything. We filed a small claims case at the local court. On the day of our case the defendant (landlord) didn't show up and a judgment was spoken in our favour for the landlord to pay us the money in full plus interest. Time passed and a court bailiff served the form to Order to Obtain Information. Due to personal reasons I couldn't attend the hearing but was assured that there was no need for me to be present. A letter came in the post today with a summary of the hearing. The defendant claims to be retired (at 36, nice for some!!) so has no income, eventhough we know he rents out the flat we were in. He will now file a Form N244 to apply for the judgment to be set aside.

Simple question is: What do I do now?

Sorry if after all that, my question is very short but that's all that is going through my head.

Thanks in advance.

cp1382

[AndyOrch]

Hi CP

 

Simply because he has retired with no income(allegedly will not make good grounds for a set a side.If anything he is playing Russian roulette if he pleas no income and yet has assets.

 

Grounds for applying to set a side Judgment (regular default)

 

He has a defence with a real prospect of success; or,

The judgment should be set aside for some other good reason,

The application to set aside the judgment was made promptly

 

familiarise yourself with Pt 13 of the CPR rules it will serve you well and assist to oppose any application.

 

Regards

 

Andy