Hello, welcome to the website. My name isXXXXX can assist you with this.
You need to make an application now using Form N244, requesting judgment be set aside.
You will need to set out, in a witness statement, why judgment has been entered wrongly against you. Assume the judge knows nothing.
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.
Which Court should this for go to, Northamtopn, Stafford or Salford?
Northampton - it should go to the court where the last order came from unless the proceedings have been transferred already.
Ok. that will be Salford then. Can I still request the hearing be moved to Stafford?
You can request it in your application notice (N244), yes. The court is likely to do this if it's your local hearing centre.
The default judgement came from salford
Does this answer your question?
Just not sure which Court I write to?
If the judgment came from Salford, then this is where you need to apply to.
You always apply to the Court where the proceedings are based.
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?
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.