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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Good Morning, I had a judgment of order found against me by

Customer Question

Good Morning,
I had a judgment of order found against me by a DJ due to failing to file at civil court by 1600 hrs my counter claim bundle. However I was at the court @ 1500 but informed that the court closed every day at 1400hrs. I paid £155 to appeal but a different DJ. Following a copy of the order and demand for £5911.72 from the claimant's debt company I have paid in full. Yesterday, many weeks later the judgement was on 01/05/15 I have received an amended order ordering me to pay another £3.500. I have had no forewarning, paperwork, breakdown of costs etc this apparently relates to the claimant's legal costs. How can this suddenly be added on after I have settled what was ordered of me to pay? And, how do I know that there is not more to come?
Please guide me.
Thank you.
Helen
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Did you lodge the papers in the drop box, or just went back home?
Customer: replied 1 year ago.
Thank you Alex,
No I did not use the drop box as advised it was too late for the civil court for that day but advised to fax. The fax number printed for the court was incorrect so all rejected. I re attended the court two days later and a court clerk took my papers stating it would be alright as I had paid the money cash £155 on the day stated and the DJ would be looking at the case and my counter claim the following day. He told me not to worry! I have kept a record of all the persons I spoke with and also the rejection slip for an incorrect fax number. In my heart of hearts I know I would have won. This was a case of the freeholder v leaseholder. We the resident's association had won at the tribunal LVT to remove them as our managing agent etc and won on all counts. The freeholder was ordered to refund monies we had paid out. They are now picking us off one by one to try and get the monies back.
Expert:  Ash replied 1 year ago.
Was there a hearing striking out your counter claim or was that done on the papers?
Customer: replied 1 year ago.

No hearing I believe just judged on failure to produce counter claim by time stated although court closed by that time. I only found out when I decided to go back to the court in person to find out about updates believing a new date would be set and concerned as I had not heard anything. The court clerk showed me the papers and advised my counterclaim had been struck out. Judgement for the claimant in the sum of £5911.72. I would not have known this had I not enquired at the court myself.

Expert:  Ash replied 1 year ago.
Did you attend the hearing?
Customer: replied 1 year ago.

No I was unable to attend the initial hearing due to very few days notice and actually involved in a work related matter myself on that day 30/03/15. My lay advisor and my brother attended in my abscence DJ allowed time for papers to be produced by 08/04/15 16:00hrs. DJ stated both sides in error due to lack of paperwork.

Expert:  Ash replied 1 year ago.
Ok. Then if you did not attend you should be able to apply to set it aside. You need to use form N244
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
The court will list the matter for hearing and decide whether to set it aside. You either have to Appeal or apply to set aside. Because you did not attend it should be a set aside not appeal.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Thank you Alex, I did intend visiting the court on Monday 03/08/15 as not working, so that is useful information. The original demand from the claimant (freeholder) was £5162 which included legal fees from PDC. The judgment for the claimant decided by the second DJ (no hearing) was for as previously stated £5911.72. which I paid. I actually believed that any costs had been included then as the sum was in excess £800 more than demanded by the claimant.

Helen.

Expert:  Ash replied 1 year ago.
Indeed, but apply to set aside that should deal with it for you.
Does that help?
Alex
Customer: replied 1 year ago.

Again thank you,

I am now travelling but can respond tomorrow - actually the original figure was £4678.93, very little breakdown from claimant and never has been. Totally against what was decided at the LVT , but,I made a generous offer of £1300 knowing that due to an insurance error of paying twice in one year but not enough the next and charges for a surveyor's report there was a sum outstanding. How it came to a final figure by the court of £5911.72 has never been explained. That aside there is no documentation on how the further £3.500 has been reached which of course is why I approached just answer and have been fortunate enough to have your guidance!

Expert:  Ash replied 1 year ago.
Ok, this is something that you can question and challenge.
If this answers your question might I 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.
Alex
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I 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.
Alex
Customer: replied 1 year ago.
Apologies for delay in responding I have been away. However I am attending the court tomorrow Friday and will apply to set aside following your guidance. I certainly do not have anything to lose well except an extra£3.500! I have now received the demand from their solicitors PDC giving me 14 days to pay. I will recontact following that meeting and will also complete the rating service.
Regards,
Helen R.
Expert:  Ash replied 1 year ago.
Indeed. Good luck with this!
If this answers your question might I 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.
Alex
Customer: replied 1 year ago.
Hello Alex,
As stated I did attend the civil court last Friday and requested two things....the N244 form and some guidance re time limit to submit also the form is to the ignorant eye quite difficult! I spoke to the supervisor who did say that originally I had "possibly" been given poor advice at the court but it was now too late. I asked for the name of the DJ who had amended the decision more than 2 months later after the case was found against me, and, as you are aware I had paid all those costs and it turns out to be the same DJ but not the DJ who ordered me to produce my papers by 1600hrs instead of office closure of 1400hrs. The supervisor then advised me to pay £155 (again) and if set aside the claimant, solicitor's etc will attend another hearing and I will be liable for even more costs. I do not know what my next step is.
Thank you. Helen.
Expert:  Ash replied 1 year ago.
You should apply to set aside as I have indicated because you were not late.
Does that help Helen?
Please do take a moment to rate my answer so that the site credits me for my time if you would.

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