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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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, I am applying to set aside a judgment via form N244. In

Customer Question

, I am applying to set aside a judgment via form N244. In the form states
1- What level of judge the hearing need?
the order that I am applying to be set aside was made at the county court at central London.
2- Aslo i have ticked the box for "without hearing". Do I still need to fill details of how long do I think the hearing last and ...?
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

I assume it was Judgment in default of a defence.

Alex Watts :

Therefore you need to tick:

Alex Watts :

1) District Judge

Alex Watts :

2) WITH a hearing

Alex Watts :

The Court will never set aside a Judgment without a hearing

Alex Watts :

Time estimate - 1 hour

Alex Watts :

Can I clarify anything about this today please?

Customer :

, they were 2 defendants in the case. One of them me. I was sick and have a doctor's letter. The other defendant was in the court waiting hours but was told by the court officers that there were no judge assigned and kept asking him to wait. However while he waiting in the court the claimant was presenting their case to the judge with the defendant present. the court only realized their mistake 30 minutes before the hearing ended and the defendant had only had 30 minutes to present their case while it seemed the judge had already relied to the information the claimant barrister had given to him. since this is the court's error, and both parties were not treated the same and one was given more time without defendant to present his case, do I still need to be in the court?

Alex Watts :

So there was a hearing then?

Customer :

also the claimant has charged legal fees of £15000.00 in a small claim compensation court which is very unusual.

Alex Watts :

In which case its not a set aside, it is an appeal

Alex Watts :

If it was a small claim then you need to appeal on a particular form

Alex Watts :

Its not set aside because there was a hearing

Alex Watts :


Its form N164







http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/2197/n164_e0407.pdf



Customer :

I wrote to the court to ask to set aside the Order but they told me to fill the N244 form.

Alex Watts :

Its not set aside. There was a hearing so its an appeal

Alex Watts :

The Court staff are not legally trained

Customer :

so i have to appeal the order?

Alex Watts :

Yes, there was a hearing

Customer :

The hearing was July last year. Aren't I too late to appeal?

Alex Watts :

You need to seek leave to appeal of out time. You only have 21 days

Customer :

So i cannot appeal any more?

Alex Watts :

You should file the form, at worst permission is refused

Customer :

I should also say that my letter to request judgment to be set aside was referred to the judge by the court officers and he said I have to apply through n244 form>

Alex Watts :

Ok - if you want to use form N244 then do so

Alex Watts :

However it should be an appeal as there was a hearing

Alex Watts :

Set aside is usually when there was a matter determined on the papers

Alex Watts :

But you will need to address why you have waited since July to make the application

Alex Watts :

Whatever the merits of your application is, delay is your weakest point

Customer :

I am only stating what the court said. Also I remember at the time when I raised this issue with me, you also stated that I have 5 years to set aside the order. I told you about the hearing. So forgive me if we have to ask several times.

Alex Watts :

Yes. Apply on N244.

Alex Watts :

Court orders are valid years.

Alex Watts :

But generally if you want to set aside you should do it without delay

Alex Watts :

Does that clarify?

Customer :

well I wrote to them on 14th of september 2014. it has been dragged on as my claim was since it was the court error I should not have to pay >

Alex Watts :

Ah ok - that certainly helps

Customer :

However you now say I cannot apply through N244 and have to appeal while before you said I could. If you do not mind could I have 2nd opinion on this?

Alex Watts :

Sure.

Customer :

how do I do that? just post the question again?

Alex Watts :

No I have opted out, so someone else may be along

Customer :

so I don't need to post the question again?

Customer :

Do i need to post this question again opinion or not?

Expert:  Nicola-mod replied 1 year ago.
,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question .
Thank you!
Nicola
Customer: replied 1 year ago.

Well Obviously i need a response so I have to wait. Thank you

Customer: replied 1 year ago.

Yesterday when I asked this question, I asked it from JGM, as he was on line and I was happy with his previous responses. He started working on my question but then Alex took over who I believe is your in house lawyer. I wanted JGM to respond yesterday. Why did you change him?

Expert:  Nicola-mod replied 1 year ago.
,
If you would like a specific Expert to answer then please include "For...[Expert]" in the subject title. Otherwise the question is open to everyone. Please note that requested Experts may not always be able to answer.
I will alert JGM to this.
Thank you patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish to continue to search to assist you or would you like to close your question at this time?
Thank you patience,
Nicola
Customer: replied 1 year ago.

Well clearly when yo do not have an expert to respond, you should refund the payment or credit the subscriber's paypal;s account with payment. This happens a lot.

Expert:  Ash replied 1 year ago.
I see you are still stuck. Can you point me to the URL where I say you have 6 years to apply to set aside?
Alex

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