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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am the Claimant in a Construction Dispute(home owner). I

Customer Question

I am the Claimant in a Construction Dispute(home owner).
I filed a reply to defence and defence to counterclaim within 2weeks of receiving a Defence and counterclaim. This information was sent to Northampton CCBC, case has since been transferred to local court.
Defendants legal representative has obtained a judgement by default claiming that a reply to defence was not filed. The local court does not have a copy. I have an entry on my calendar stating I have posted these documents. I have written to the court pointing this out. What application do I make to the court. Application to set aside the judgement? I have emailed them a copy of the reply . How soon do I need to do this? The claim is for a substantial sum and the counterclaim is retaliatory . It would be unfortunate of the builder gets away with shoddy work and gets monies for a counterclaim
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
You need to apply to set aside Judgment on form N244
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
You need to attach a copy of your defence and counter claim. The matter will be listed for hearing and a Judge will decide whether to set aside.
On the basis this is NOT a regular Judgment, ie you filed a defence, it should be set aside automatically.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

yes , should the defendants have asked for my consent?before making a request for judgement or order.

Do I need their consent for making this application?

Would you be kind enough to let me know the application fee for N244 please Many Thanks

Customer: replied 2 years ago.

unsure if the contact info/contact no info has gone through

Expert:  Ash replied 2 years ago.
Its £155 for the application to set aside as there will have to be a hearing.
You dont need their consent but find out if they do, as then its an application on paper for just £50
Alex
Customer: replied 2 years ago.

XXXX

Expert:  Ash replied 2 years ago.
I will call shortly.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.