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Jamie-Law
Jamie-Law, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 5434
Experience:  Solicitor
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A circa £45k claim has been made against myself (defendant

Customer Question

A circa £45k claim has been made against myself (defendant 1) and my company (defendant 2). Because paperwork was sent to the wrong address a judgement was entered against myself, I defended the claim on behalf of the company.
I was advised to submit an 'order to set aside' N244 to have the claim against myself looked at again. However in writing the court requested the wrong amount of money twice and so this hasn't been processed. Simultaneously, I have received a questionnaire and 'notice of proposed allocation to the multi track' for the claim against my company. This is dated 5th July 2017, supposed to have been returned 7th August which was crossed out by pen and then 25th Sept was written. However this was only received yesterday Oct 2nd. I called the court and explained the situation was told I could try and file an application for extension N244 but because the questionnaire wasn't received they would probably just throw out the defence before it was received. I asked if there was anything else I could do because clearly errors amendments had been made both on the information sent to me personally and on this form and was advised that there was basically nothing that could be done. Can you please advise how I go about preventing the court from scrapping my defence because I didn't receive paperwork before the deadline and clealy errors have been made throughout. Thanks
Submitted: 1 month ago.
Category: Bankruptcy Law
Expert:  Jamie-Law replied 1 month ago.

Hello my name is ***** ***** I will help you with this.

Have you actually made the application to set aside yet?

Customer: replied 1 month ago.
Thanks Jamie. The application to set aside for me personally has been sent in three times with three different payment amounts as per their instructions. They have returned each one as 'incorrect amount' most recently sent back in yesterday. Nothing sent in for company.
Expert:  Jamie-Law replied 1 month ago.

Has Judgment in default been made against you?

Customer: replied 1 month ago.
Umm yes, but I've been told to file an order to set aside. My primary concern today is about what to do regarding the missed deadline for the company paperwork.
Expert:  Jamie-Law replied 1 month ago.

If the DQ hasnt been filed, do it now.

Generally you get a reminder from Court before the defence is struck out.

So file the DQ now and apply to set aside asap.

That will put a hold on things.

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

Customer: replied 1 month ago.
Can you please have a look at the paperwwork attached and see if that is the reminder? Or if I can still file an application for time extension N244?
Customer: replied 1 month ago.
Also what is the DQ?
Expert:  Jamie-Law replied 1 month ago.

I looked and it is the DQ (Directions Questionnaire).

Therefore you need to send back the DQ. But you must ALSO file N244.

There are 2 claims. One against you and one against Ltd Co.

You need to set aside the one against you.

Does that clarify?

Customer: replied 1 month ago.
that clarifies somewhat. Can I file the N244 for an extension to fill in the DQ as it's already overdue while I get some help to fill it in and send it?
Expert:  Jamie-Law replied 1 month ago.

Yes. Send the n244 without delay to set aside judgment. But you can send the DQ in now. Try to do that.

Does that help?

Customer: replied 1 month ago.
Thank you. N244 attached - does that cover the points I need to make or should anything else be added?
Customer: replied 1 month ago.
Apologies this is the formulated form
Expert:  Jamie-Law replied 1 month ago.

Yes that is fine. The Court fee is £255

Does that clarify?

Customer: replied 1 month ago.
Thank you. I was told the fee for extension request was £100?
Expert:  Jamie-Law replied 1 month ago.

You have ticked with hearing. The fee for this is £255.

An application by consent, the fee is £100

Does that clarify?

Customer: replied 1 month ago.
No. Which do I need? I don't want a hearing just an extension?
Expert:  Jamie-Law replied 1 month ago.

Yes but unless the other side agree to your extension, the Court fee is £255.

Does that clarify?

Customer: replied 1 month ago.
Can i apply with £100 fee and then request a hearing if they don't agree and pay the rest then?
Expert:  Jamie-Law replied 1 month ago.

You can try that but it may not be listed.

Does that clarify?

Expert:  Jamie-Law replied 1 month ago.

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