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Urgent help needed, please - Monument claim struck


MissMoodyTwoShoes
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Hello all.

 

After waiting expectantly for the past week to receive what I thought was going to be good news re my Monument hearing, I discovered today that my claim was struck.

 

I phoned the court today and it seems that this may be an error on the Judge’s part. I was advised to write and request that my claim be reinstated. I have drafted a letter to post tomorrow, and would be very grateful for any feedback or suggestions on improving it.

 

Thanks

 

 

 

The Court Manager

Edmonton County Court

Court House

59 Fore Street

Upper Edmonton

London

N18 2NT

 

 

8 September 2007

 

 

 

 

Miss Moody -v- Monument

 

Claim No: 7QZ59070

 

 

 

 

 

 

 

Dear Sir or Madam,

 

I am writing in relation to the General Form of Judgment or Order that I received yesterday, which states:

 

‘… Upon hearing counsel for the defendant with the claimant not attending

 

IT IS ORDERED THAT

 

Action of claimant struck out

 

Dated 28 August 2007’

 

Seeking clarification on several points related to the above, I phoned the court yesterday and spoke to Mrs. Alabi. I queried whether:

  • The defendant attended the hearing.
  • My claim was automatically struck out due to my non-attendance.

I was very surprised when Mrs. Alabi confirmed the above. After I explained the details of my claim, she stated that it may have been erroneously struck out and advised me to write to the court. I understand that this letter will be passed to District Judge Cohen.

 

I am requesting that my claim be reinstated for the following reasons:

  1. The defendant did not deliver to me copies of documents on which they intended to rely at the hearing. (As I had not received any two weeks prior to the hearing, I contacted them on more than one occasion to query whether they intended to settle prior to the hearing rather than attending. This was confirmed, including during a phone call just 2 hours or so prior to the hearing. )
  2. On 11 August 2007, I posted the following to the court via Royal Mail Special Delivery (copies of all documents on which I intended to rely were posted to the defendant via the same method on the same day):

  • Copies of all documents on which I intended to rely
  • A cover letter for the above
  • A letter requesting that the case be heard in my absence as I am agoraphobic and was unable to attend; attached was a letter from my psychologist as evidence that I had been receiving treatment.

The Notice of Allocation to the Small Claims Track (Hearing) that I received on 22 June 2007 states:

 

Notes

 

If you cannot, or choose not to, attend the hearing, you must write and tell the court at least 7 days before the date of the hearing. The district judge will hear the case in your absence, but will take account of your statement of case and other documents you have filed. ‘

 

The above-listed documents were received by the court on 13 August 2007, which is within the timeframe the court specifies for receipt. As I did not receive any further communication from the court, I naturally assumed that the case would indeed be heard in my absence.

 

I am unsure whether my documents were misplaced by the court or whether District Judge Cohen overlooked my reason for not attending the hearing, but as far as I am aware, I fully complied with the court’s directions. As such, I cannot see any legitimate reason for my claim being struck.

 

For the court’s information, I have enclosed copies of the following:

  • The cover letter I sent with my documents.
  • The letter requesting that the case was heard in my absence.
  • Royal Mail Special Delivery receipt.
  • Royal Mail Special Delivery proof of postage.

I have not enclosed copies of all of the documents I previously submitted, due to cost. Should they be required by the court, please notify me and I will send them.

 

I look forward to your response.

 

Yours faithfully,

 

 

Miss Moody

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  • 3 weeks later...

Hello all.

 

I have just received the following reply to my letter:

 

'Dear Sir/Madam,

 

With reference to the above case, your letter of 08/09/07 has been considered by the Deputy District Judge who made the following comment:

 

"There is no trace of a letter dated 11/08/07 from you asking that the trial proceed in your absence. There is a letter filing a bundle of papers. Accordingly you will need to file an application notice in form N422 and the relevant fee if you want the court to set aside the order made on 28/08/07 in your absence."'

 

I'm bemused to say the least. All paperwork was posted in the same mailing sack and the letters were attached to the front of a file containing my bundle. The paperwork was received by the court; I have proof of delivery and provided copies of the postal receipts with my last letter but now 'There is no trace...', which obviously translates to: 'We have mislaid your letter but will not admit it.'

 

What is the point of sending something by Recorded/Special Delivery when the court then ignores the proof of delivery. I'm annoyed that I will now have to pay to have the judgment set aside due to the court's error.

 

What happens once I apply to have the judgment set aside? Where do I go from there? I'd be grateful for any advice, as I'm starting to get a tad disheartened.

 

Many thanks.

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I sypathise with you there cos Ilford CC have lost a number of documents that Isent them. They lost my AQ twice despite me sending them special delivery and them even banking the cheque. They also lost my request for judgement and I sent another one and they have now 'got no record of receiving it' despite them confirming on the phone that they had it and it was being typed up by the court secretary.

 

The whole system is a shambles and this has allowed HSBC an extra 2 months to apply for a stay even though they havent returned their AQ which was due on 6th August

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I've had a look at form N244 and don't really have a clue how to fill it in (i.e. whether I need to attach a draft order and what it needs to say). Has anyone else completed one of these to have a judgment set aside? I need to get this done urgently, so I'd be grateful if anyone can help.

 

Thanks

 

 

rockinrodders: You have my sympathy too. It's so frustrating when you have done everything correctly, isn't it. I hope yours gets sorted out eventually.

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