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Hi, welcome to Just Answer. I will help you with your question.
What the court appears to be saying, is that the claim form was not properly served in the first place (went to the wrong address), and therefore the judgement obtained (I assume, by default) must be set aside for that reason.
Is inviting you to make an application, if you wish, to change the address on the claim form, and then serve the paperwork at the proper address.
Okay, so what do I do now?
Well, the strange thing is, you do not normally have to make an application to change the address in the claim form.
If you serve the paperwork at the correct address, and then apply for judgement in default 14 days after that (assuming no acknowledgment of service is filed) that would be sufficient, even if the claim form has an incorrect address.
But, if the original claim form was improperly served (sent the wrong address), it is correct to say that it must be set aside.
The sensible thing to do is to serve the claim form upon the defendant at the correct address. Then, once you've done that, lodge a certificate of service with the court, confirming that it has now been properly served.
So where does that leave me? The court says I can apply to have the order, currently "set aside" to "set aside" "varied" or "stayed". I don't know what these things mean and whether I should
The court is saying that you have the opportunity to challenge the order that it has made, in your absence.
To be honest, if you have served at the wrong address, I doubt that the court would set aside the order it has now made. The general statement about setting aside must be included on orders that the court makes without the parties being present. It is standard wording.
I was trying to delete my last comment. Do you mean I should serve a brand new claim to the defendant at the correct address? My amended claim has been rejected..
The claim has been stayed because you have not properly served. You do not need to issue a new claim, stayed simply meets "put on hold".
And the court seems to be expecting some sort of response via an N244 application supported by a statement of truth - but I am not clear what I should be filing this form in for or what wording to use.
So once you properly serve the documents, you can continue in the normal way. That is why you lodge a certificate of service with the court, to confirm that service has been properly effected. You will need that certificate when you apply for judgement in default.
AGain, meant to delete that not post..
I don't think it is. The Court is saying that you can apply to set aside its order, if you think it appropriate to do so.
Thank you. Please tell me what steps to take.
i.e. how to do I "properly serve the documents" - this is very unclear to me.
And what is a certificate of service?
You can set the documents in many ways, but the most common, is to send them via first class post to the usual or last name residential address of the defendant, if the defendant is an individual.
this is very unhelpful. I thought the court serves the docments to the defendant, not me.
The standard certificate of service form is in the link for you: http://hmctscourtfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=459
The court does serve documents, and it has done it for you once, but will not keep doing it for you. It will serve it the first time, after that, it's down to you.
thank you. As I said, when I looked at the N244 form it was unclear to me what the purpose is. It clearly says "what order are you asking the court to make and why" surely this is aimed at the court and not the defendant?
That is a standard application form. It is a form which you would complete and send to the court if you are making an application.
That was the form that came up in the link you just sent me?
So you haven't answered my question... Do I serve the N244 form to the court or the defendant. the wording on the document implies it gets sent to the court. You are telling me to serve to the defendant directly.
Why have you rated bad service?
The N244 is sent to the Court *and* to the Defendant.
And nowhere in this thread do I tell you, as you seem to think I did, that you need to serve only on the defendant.