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You will need to apply to set the judgment aside, arguing that you have a good defence to the claim, and that the claim form was improperly served against you at the wrong address.
What forms do I need and how do I do this?
You can do this using Form N244: http://www.justice.gov.uk/courts/procedure-rules/civil/forms
There is a guide on how to complete it too, here: http://www.bdl.org.uk/images/12_EW_NDL_Setting%20aside%20a%20judgment%20in%20the%20county%20court.pdf
Sorry I was just downloading the forms
In essence the claim has been made against me as an ex director as the company ceased trading in December 2012
I was the contact for the supplier but on behalf of the company which was ltd
how do I get this action thrown out?
YOu need to explain this to the court - if it's the wrong party (which it sounds like) the application should succeed and the claim will fail against you. You are, of course, a different legal thing to the company - he might see it as the same thing, but legally, you're not the same thing!
How is it best to word in my defence. It is definitely the wrong party..
Just set out the background as to whom you say the contract was with, and why it's not you. It's that simple really - there is no magic form of words. Just say it's the wrong defendant and you can't answer on behalf of the company which is now in liquidation (if that's the case).
Ok. Is this also what I should place in the set aside application..
Yes. It's a bit of a pain doing it twice, but that's really what you do. Is this in the small claims, less than £10k?
It is the smalls claim but the figure is £10,785
I seem to remember it was agreed on the fast track
Okay - always best to get lawyers to help with the actual defence if it's not on small claims.
From glancing the form I see there is an £80 fee for the N244. Is that correct?
Only because it's more technical - the small claims system is much more informal.
You should look to do the set aside on your own - like we've discussed, then get a lawyer on board to file the defence after that (the Court should give you a further 14 days or so to file the defence).
I understand it to be small claims as the initial sum is below £10k it is only fees that take it over
Shall I deliver the form to the court or place on recorded delivery?
What if it is a small claims matter, then it is pretty informal.
You would not need to use a solicitor if it is in the small claims system.
The court is only 15miles away
Always best to know it gets there, so deliver or recorded delivery etc would be fine.
Ok I will complete the form today and send with payment. I will also request
the court to stop any enforcement of the judgment until after the hearing takes place to set the judgment aside.
Is there anything else that would help my case?
It will stop enforcement automatically when you file your application, but again, it's no harm to ask for this in the application.
Not that I'm aware of!
ok time to fill out the form. Thank you.
Thanks - good luck with this!
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