filling in N244 - My van was damaged when towed away by removal company

[dianagr]

My van was damaged when it was towed away by removal company, they do not seen to want to pay for the damage, so we went to small claims court. The problem was that the address was filled in wrong, when I enquired about the case, I was infromed that it was stayed. In order to lift the case and enter the judjment I now need to fill in N244 form. I am stuck with a few fields...

Can anyone help me please...

 

sorry for a couple of spelling mistakes...

 

What do I fill in in no3 Box 'What order are you asking the court to make and why'...

Do I need to attach a draft and what is it...

What level of Judge do I need....

What information will you be relying on...

What do I write in no10 box...

Edited January 25, 2019 by dx100uk
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[AndyOrch]

Why was the claim stayed, was it served correctly did you correct the address?

 

Regards

 

Andy

[dianagr]

It is now correct, but it was corrected only after the case was stayed, I wrote an email to the court enquiring to update me with the state of the case.

 

This is the reply:

''The case is stayed as there was no defence to the claim and you did not request judgment within the allowed timescales.

 

If you wish to enter judgment you will need to apply on a form N244 with £45 fee to lift the stay and enter judgment.

Payment should be by cheque or postal order and should be made payable to HMCTS.

 

Please note, applications are not automatically granted.

The outcome of your application would be at the discretion of the District Judge.

The address details on the claim are as per those originally entered by you online.

I have now updated them.''

 

Just noticed taht I need a district judge...

Edited January 25, 2019 by dx100uk
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[AndyOrch]

Correct DJ, and you wish to lift the stay and request default judgment.The only problem I foresee is if the address was in correct and no defence was recieved did the defendant ever receive it?

Once you have judgment you may have problems enforcing it, as they could set a side on none receipt.

 

Rgards

 

Andy

[dianagr]

Thanks a lot, we have received defendant's acknowlegement of service where they ticked the option of defending all of the claim

. I guess that means that the defendant did recieve it...right..

 

by the way it was my address that was wrong, not the defendant's.

Edited January 25, 2019 by dx100uk
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[AndyOrch]

Ah I see, ok well proceed with the application.

 

Regards

 

Andy

[dianagr]

Thanks for your time, Andy, just the last bit, I need a hearing, right...

Also do i send the paperwork (like evidence of damage, quotations for fixing ect.) with the form or do I bring them to the hearing... I have no clue how it works as it is my first time dealing with english courts ever...

[AndyOrch]

The application is to lift the stay and proceed to enter judgment but its not that quite straight forward, did the court not advise you may need to apply Summary judgment? You may have to make this under CPR24 and attach a short draft direction with your evidence attached.

 

Regards

 

Andy

[dianagr]

no, but as i say my address was wrong, so they could have send me smthing...What do I do then, just send the form and wait...

[AndyOrch]

Ask the court if its just a matter of making application to request the stay be lifted and apply default Judgment or if you need to make application using SJ CPR 24.

Did the Defendant submit acknowledgement of service?

 

Andy

[dianagr]

yes, they wanted to defend all of the claim

[AndyOrch]

But never submitted a defence.Just request Default judgment them as per the N244.

 

Regards

 

Andy