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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25410
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Part 20 Defendant. I am the claimant. Do I become Part 20 defendant

Resolved Question:

Part 20 Defendant. I am the claimant. Do I become Part 20 defendant for application notice (n244)?and does he become part 20 claimant? I am appealing against a default judgement by the second defendant against me for their counterclaim, multitrack
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I ask when you discovered the default judgement please?
  2. Could I also ask how they obtained default judgement? Did you not receive claim papers or did you receive them but fail to respond?
Customer: replied 2 years ago.

3 days ago

I received them and posted a reply to defence and defence to counterclaim by first class mail (but not recorded delivery unfortunately), witnessed by my wife.

They claim that they did not receive a defence to counterclaim

I am struggling to explain why they didn't receive it , I am certain this was posted and my computer and calendar entry confirms .

Customer: replied 2 years ago.

the defendants did not inform me that they haven't received a reply despite repeated email communication and application hearing 1m ago when they were asking for an extension to file their defence and were more than 4weeks late in doing so

Expert:  Joshua replied 2 years ago.
Thank you - sorry we have discussed this before of course. Did you manage to find out if the court received their copy?
Customer: replied 2 years ago.

Northampton cc informs me that they do not have a record however if they did receive it they would have forwarded it to the local court. Local court says they have no record so I am stuck. Sorry yes we have discussed this before I have now filled in all the relevant forms

Customer: replied 2 years ago.

I wanted to confirm if the builder ABC would be the claimant and I would be the defendant on the Application notice requesting to set aside judgement on counterclaim and requesting no order as to costs

Expert:  Joshua replied 2 years ago.
That is very odd that both parties claim not to have received. In any event, you do have grounds to apply to set aside under part 13 because there would appear to be good grounds to allow you to defend the claim - hopefully you maybe able to show a computer record of when you created the reply to defence by taking a screen shot of the file though it is not necessary to include this evidence so it is not a disaster if you do not have it. You need to consider making an application to set the judgement aside using form N244. You will need to give a statement explaining the position succinctly and ask the judge to set aside the default judgement under part 13.3 on the basis that you submitted a full response to the counterclaim on [date] and that you had a reasonable prospect of a defence and you should be allowed the opportunity to defend he claim and that you are making the application promptly having discovered the default judgement on [date]. The counterclaim is dealt with under part 20 as is your defence in the assumption the court grants your set aside applicatino and allows you to enter the defence which I would be hopeful it would in these circumstances. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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Customer: replied 2 years ago.

excellent yes I will be able to print a screen shot.

I am grateful for your response. excellent.

Expert:  Joshua replied 2 years ago.
A pleasure. Good luck