Hello my name is ***** ***** I will help you with this.
Why did you not file a defence?
Judgment in default is whrre you have failed to file a defence
we did file a defence last year but according to their solicitors it was thrown out, which we was not aware off as we were waiting for them to supply the necessary details.
Did you get a notice from the Court saying it was struck out, the defence?
No, we submitted our defence online and the only paperwork we received from the court was the original summons and the Judgment
Ok - did the online system accept your defence?
And you have had no further Court orders, save for the Judgment in default?
None, since getting Judgment their Solicitors have contacted us about making payment or setting up a plan
Ok. When was Judgment entered?
Ok - then you need to apply to set aside asap. You need to complete form N244
You need to show that you have a realistic defence to the claim and that you acted promptly.
From what you have said you do.
There is a Court fee of £155 to pay and there will be a hearing
Yeah we were told this, but were told I would cost about £150
You need to attach a copy of the defence you filed, together with the application to set aside.
The court will list the matter for hearing and decide whether to set it aside.
If the Court does then it will proceed in the normal way
Can I clarify anything for you about this today please?
This is £155 we cannot really afford, this is why we are not happy with the way it's being dealt with
Sadly if there is a Judgment you MUST pay a Court fee to apply.
Otherwise the application wont be heard.
You can ask for costs of the application fee at the hearing from Lowell if you win
Does that help?
Yes, it's just the fact that nothing has been done over four years of us trying to resolve this out of court.
Indeed. That in reality only affects the actual case, not whether or not it should be set aside.
You can raise that as an issue of costs
But its a costs argument only
Can I clarify anything else for you?
No, you have been very helpful, many thanks, ***** ***** can let you know the outcome, or contact you if I need further help.
Of course. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen
If you need more help please click reply