Derby Car Centre Ltd/Pride Park - Vehicle Not Fit For Purpose***Judgment/paid in Full***

[Laura Cooke]

An application notice from Northampton business centre (see N244 notes) asking for court to set aside judgement without a hearing and stating information to be relied upon will be statement of case, also separate letter from the company asking the court to remove judgement against the director as the case has already been drawn against the company

[AndyOrch]

And does the N24 state whether you can vary or set a side or stay the the order?

[Laura Cooke]

No I assume it refers to the defendant as it says at top of the Application Notice "For help in completeting this form please read the notes for guidance form N244 notes"

[AndyOrch]

So all you have recieved is the following....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice-**Correct-as-at-Sept-2015**

 

And not the following....

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n024-eng.pdf

[Laura Cooke]

Yes all received is the first version

[AndyOrch]

So what does the following state...verbatim?

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n024-eng.pdf

[Laura Cooke]

Keeps saying web page not available

[AndyOrch]

Try it now

[Laura Cooke]

In accordance with your request, judgement was entered against the defendant on the 4th November 2015

 

Just noticed it did leave a space on the request for judgement to add interest never noticed it thought it was added automatically

[AndyOrch]

Yes but that's in connection with your judgment...not their application to set a side ...I simply want to know what came with the N244 (application to set a side) from the court...then I can advise you on how to deal with it...but you are making it very hard.

[Laura Cooke]

So sorry I am not trying to make it hard simply at a loss what it is I am looking for nothing came only what I have told you about the application came with no notes only what I have mentioned I can ring and ask if you tell me what is missing

[AndyOrch]

So the N244 came on its own ...no court forms attached...no General Order......how do you know it came from the court then and not the defendant?

[Laura Cooke]

It is stamped so is the envelope and says "County Court Business Centre" it was filled in 23-11-15 and stamped 24-11-5 by the court the company have not asked for the court to send anything to their head office but at the office they sell the vehicles from. 2 papers included with the bundle named "Judgement for claimant in default" one addressed for the garage one for the director. Nothing says general order on it

[AndyOrch]

Very strange...well i cant advise any further until the court contacts you and explains what options you...as stated there has to be an hearing for a set a side...and that is what is normally attached to the N244 stating your options...when the hearing will take place where the hearing will be held (normally at your local county court).

 

So just post when you receive anything further.

 

Regards

 

Andy

[Laura Cooke]

Will do Andy sorry for the headache this as caused you, the court will probably set a date for both parties to go to court to see if judge is going to allow the set aside though the defendant as asked for this to be considered without a hearing

[Laura Cooke]

The initial claim I named both the director and the company in the papers to the court the director as stated he should not have been named and he as asked the court to withdraw the judgement against himself. Does this jeopardise the case? when the judge is due to consider the application to set aside judgement

[AndyOrch]

Not particularly as it should have been addressed before the judgment .

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19/pd_part19a

 

Para 3.1 and Para 4.

 

Andy

[Laura Cooke]

Thanks Andy I thought the same surely someone would have pulled me up on this before Judgement so now the case can hopefully carry on just in the Ltd company name

[AndyOrch]

Have you now received further details of the set a side application and anything about the court requiring a hearing Laura?

[Laura Cooke]

No rang the County Court they not even had any paper work yet from Northampton they told me I could write a letter to put in the judges papers to say why I consider the set aside should not be allowed in your opinion should this be officially done or just my own version?

[Conniff]

The initial claim I named both the director and the company in the papers to the court the director as stated he should not have been named and he as asked the court to withdraw the judgement against himself. Does this jeopardise the case? when the judge is due to consider the application to set aside judgement

 

It can have a big impact on the outcome in that he can dissolve the company and you will have nowhere to go to follow up any verdict in your favour. If is was the mans name then and

nothing was forthcoming, you could have sent bailiffs around to his house and they could have taken personal stuff but there is nothing to take from a dissolved company.

 

Dissolving a company doesn't mean he is out of business, all that has to be done is rename and register it and carry on as if nothing had happened.

Besides, it is a Limited company so will have limited liability.

[AndyOrch]

No rang the County Court they not even had any paper work yet from Northampton they told me I could write a letter to put in the judges papers to say why I consider the set aside should not be allowed in your opinion should this be officially done or just my own version?

 

Normally you would submit a witness statement in response noting your objections and reasons ...but until you get official paperwork from the court inviting this you are in rather a difficult position.

Hence all my recent posts as to what and from where you have actually received.

[Laura Cooke]

The court said even without any papers arriving yet I can email them my objections to set aside and they will put it in the paper work for the judge to consider once the papers arrive that is

[AndyOrch]

Start drafting a witness statement then:-)

[Laura Cooke]

Will have a go not done any of this before so everything is guess work same as missing to put interest on the judgement was told it got automatically added but it doesn`t I should have added it