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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, I filed a small claims and the company failed to respond.

Customer Question

Hello, I filed a small claims and the company failed to respond. A default judgement was placed against them, but they appealed and the judgement was set aside. A court date was set and I was unable to attend (defendant did attend), and so now the claim has been dismissed. How do I appeal?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help with this.
Alex Watts : Did you inform the court of your non attendance please?
JACUSTOMER-7y6h8zo6- :

No I didn't. I misunderstood the letter. I quote from the letter "The hearing of the claim will take place at .............A hearing fee of £25 is payable by 7 July 2014 by the claimant unless you make an application for a fee concession. Failure to pay the fee will result in the hearing being removed from the list.". As the court believed that that the case was suitable for mediation, I didn't pay the fee as I was waiting to be sent a mediation appointment. I thought the hearing would therefore not go ahead.

Alex Watts :

Thank you.

Alex Watts :

You can apply to set it aside.

Alex Watts :

You need to complete form n244 and there is a Court fee of £155

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

The Court will list the matter for a hearing and you need to provide evidence to say why it should be set aside

Alex Watts :

You can therefore put your case as to WHY it should be set aside.

Alex Watts :

This will not be the trial - just an application to set aside

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-7y6h8zo6- :

How long do I have to file the claim?

Alex Watts :

There will be an issue of promptness - the longer you leave it, the more it will harm your application to set aside

Alex Watts :

Does that help?

Alex Watts :

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