help Set Aside lease fees Default Judgement

[4321]

On form N244 there is a question (4) which asks "Have you attached a draft of the order you are applying for?"

 

What is a draft order?

 

Question 3 asks "What orders are you asking the court to make and why?" and I have written that I want the default judgement set aside and given the reasons I think it should be set aside. Does question 4 relate to this? Is it just a more in depth expansion of this or is it something completely different?

 

I have searched on the internet and found conflicting answers to this. Some legal websites I have read say a draft order should be attached while others (e.g. NationalDebtline) say tick NO and leave it to the court to fill in. None of the websites actually explain what the draft order is though.

 

I would greatly appreciate it if anyone can help. Thanks!

[AndyOrch]

Its your choice if you wish to attach a draft of the order (separate).....its what the courts prefer and looks far more professional and allows extra space if required if the order is extensive. ...as you are limited for space in box 3.

 

Regards

 

Andy

[AndyOrch]

Example of a Draft of Order

 

#### START OF ORDER ####

 

In the ......... county court

Claim No. ...

 

Before

 

District Judge ………

 

 

Dated ……… 20…

 

 

Claimant A

 

and

 

Defendant B

 

 

 

Draft/ORDER

 

UPON receiving the Courts Order dated 24th January 2015 received xxx2015

 

UPON reading the Claimant’s application notice dated [ ] copy received by request date xxxx2015

 

 

 

IT IS ORDERED THAT:

 

1. The Order be set a side pursuant to CPR 13.4 (b) and ©

2. The Claimants application made October 2014 to transfer to home court be processed.

3. The Defendants Costs Order be stayed and dismissed pursuant to CPR 27.14 PD (2) small claims fixed costs.

 

#### END OF ORDER ####

 

Fill in the gaps where ..... or [ ] is present.

[4321]

Thanks for the speedy and comprehensive reply...much appreciated!

 

I had started filling in the form on MCOL but the form differs and doesn't ask about the draft order but after progressing a few pages into it, it then kept giving an error code whenever I tried to save the Supporting Evidence and I couldn't continue.

 

I'm not sure if there is the facility to attach the documents I want to attach or not on MCOL anyway.

 

Thanks again Andy!

[AndyOrch]

I think that the online 244 is still in its development stages...why not just submit it manually.

 

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

 

You can complete the above on screen and print numerous copies.

 

Andy

[4321]

Thanks Andy. Do I just send one copy to the court or do I have to send 2 or 3 copies? Do I have to send a copy to the claimant or does the court do that?

[Ganymede]

In triplicate to the Court.

 

The Court will serve the other side.

[4321]

Thanks

[4321]

Am I correct in assuming that the defence I give in N244 should be a summary of the defence rather than a detailed one?

Then a more detailed defence and evidence be provided at the hearing?

 

I refer to my lease in the defence and wondering if I need to make copies of this large document to send with Form N244 or leave it for the hearing?

[AndyOrch]

Your evidence in support of the set a side would be a summary of the main reasons for defence.....but why are you setting a side a default judgment...did you not defend initially?

 

Andy

[4321]

Hi Andy,

 

I sent back the acknowledgement of service to get the extra 14 days to submit my defence

but the court says they did not receive it.

 

 

They then would not accept a defence from me as a judgement was already given in default.

[AndyOrch]

You have proof that you returned the AoS ? Why did you not do it on line MCOL?

[Guest]

how did you do that, MCOL, or by post. presume the latter as you say 'sent'.

did you get at least a cert of posting?

[4321]

Your evidence in support of the set a side would be a summary of the main reasons for defence

 

Andy

 

So no need to go into too much depth at this stage? Will I have the opportunity to go into more depth and provide documents, etc. at the hearing?

[4321]

Yes, I posted it in a post box the evening I received it. No certificate of posting - I just assumed it would get there.

 

I spoke to a solicitor about it and he said it was more likely that it was misplaced in the court as it happens more frequently than you would imagine.

[AndyOrch]

Your priority will be proving to the court that you did acknowledge service firstly...if you can then the set a side will be allowed....then you will be notified of the process thereon and another trial hearing later on.

 

If you cant prove you sent the acknowledge of service...think carefully before risking this action...your application will fail.

[4321]

There is no way I can prove it. What if I have a good defence?

[AndyOrch]

Makes no odds.....you have to get the set a side first....why did you not register to use the on line service (MCOL) and do it all free and secure?

[4321]

In hindsight I should have done but too late now.

 

So you think my chances are slim to no chance?

 

My options are pay it to avoid a CCJ on my credit file or wait to see if I get the set aside

- but by then it will be too late to prevent the CCJ on my credit file.

[Guest]

an application shld 'suspend' things pending if in time. and, if on the record, wld be reversible anyway if set aside.

so, you wld argue that you posted it in time; give the time and place

and, also any other poss reasons?

[4321]

The court told me it would take 6 weeks so that would take it outside of the month allowed to pay to avoid the CCJ going on my record.

[Guest]

ok. then its the gamble. pay to avoid the ccj (how much of an issue is a ccj on your record), or apply for set aside, and then reverse it if set aside.

[AndyOrch]

If you are on low income or benefits you may possibly be exempt from court fees so the set a side is less of a gamble...once you submit that application the time frame is stopped so don't worry about paying it in time....if the set a side is denied you then get another 28 days to make payment in full to avoid it being registered.

[4321]

The amount of the judgement is over £2k. If I was allowed to defend it then I think the most I would owe would be around £500 because most of the costs are for admin and late fees which I am pretty sure are not allowed according to my lease.

 

I don't know how much of an issue it would be really, depends what the future holds.

I don't really see myself getting any loans but you never know what's round the corner.

 

I would probably want to remortgage for a better rate as I have noticed rates have reduced below the rate I have.

 

I would prefer not to have a ccj just in case but I did check my credit score on the free credit score site Clear Score

and it already has the judgement on my file but still shows my score as better than average in the area surprisingly.

 

This might not mean much though and I would still just get declined automatically for having a ccj

 

What do you mean by apply for set aside and then reverse it if set aside?

[Guest]

you said that it wld be a recorded ccj, so saying can get that reversed if it is set aside.

but note andys post.