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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I have had a judgement made against me in the County Court

Customer Question

I have had a judgement made against me in the County Court Money Claims Center.

I originally received a N1 Claims Form from the other party from Northampton County Court - dated 22nd April

It appeared to be a claim on out-of-date papers? (it had ciopyright 2008)

I tried to give notice online to MCOL, but having read and re-read the claim a number of times, but there was no password.

I emailed MCOL [email protected] [email protected] (As it was unclear due to the age of the paperwork from the Court, whom I should contact)

I acknowledged receipt of the claim, said we wished to defend in full, and requested the hearing Court be changed to Stafford, alongside requesting instructions on how to file online?

I received an auto response (27th April 2014 15:48) acknowledging receipt , saying that I would receive a reply and not to issue duplicate messages.

I awaited the Courts reply.

We have now received Judgement for the Claimant (In default) as we "have not responded to the claim form".

Please advise on what I do next. I have copies of all correspondence.

Regards
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

You need to make an application now using Form N244, requesting judgment be set aside.

tdlawyer :

You will need to set out, in a witness statement, why judgment has been entered wrongly against you. Assume the judge knows nothing.

tdlawyer :

Also, you should set out some of the details of your defence, so that the court can see you have a good prospect of defending the claim should it be allowed to proceed to a final hearing.

Customer:

Thanks,

Customer:

Which Court should this for go to, Northamtopn, Stafford or Salford?

Customer:

form

tdlawyer :

Northampton - it should go to the court where the last order came from unless the proceedings have been transferred already.

Customer:

Ok. that will be Salford then. Can I still request the hearing be moved to Stafford?

tdlawyer :

You can request it in your application notice (N244), yes. The court is likely to do this if it's your local hearing centre.

Customer:

The default judgement came from salford

tdlawyer :

Does this answer your question?

Customer:

Just not sure which Court I write to?

tdlawyer :

If the judgment came from Salford, then this is where you need to apply to.

tdlawyer :

You always apply to the Court where the proceedings are based.

Customer:

Thank you

tdlawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hello,


 


Thank you for the advice above which I took and sent form N244 to the Court, alongside proof that I had contacted the Court and the Court did not respond.


 


The Court has now send my documents back saying that I need to send a fee of £155


 


I don't understand this as the claim was given against me "as I hadn't responded" and if the Court had responded to my communication, I wouldn't have to pay to defend the claim?


 


Regards,

Expert:  tdlawyer replied 3 years ago.

Hi again.

I take your point and do agree with you, but the court rules aren't always fair.

You do have to pay an application fee I'm afraid as the judge will not know who is right of wrong until you've made the application. If the Judge agrees it's not your fault, he can order the court to pay your application costs.

Tony