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I don't understand your question. I got a judgement against both defendants and the 2nd defendant is now applying to have the judgement against him struck out
can we speak on the phone after all, it would be easier? How do we do this?
The original matter was never actually allocated as the defendants never responded so I just waited until the deadline and then applied for a judgement in my favour. The notice of hearing of application says that it is still in The County Court Business Centre and it still has the original small claims case reference no, the applicant is asking the court for an order to set aside the judgement, to set aside the warrant and for my claim against the 12nd defendant to be struck out.
01491 642 837
Here is the letter I wrote to the court last Monday. I sent it to the court manager and to the defendant's solicitor.
I am in a difficult position re attending in person - unfortunately my mother is very ill in Northern Ireland, and has deteriorated this week and we have been told she doesn't have very long and frankly although I balk at the idea of this defendant possibly being awarded costs because I am not there tomorrow, I don't want to delay flying to Ireland tomorrow to see her. It would be a weight off my mind if I thought that I have more chance of him not being awarded costs than him being awarded costs! Is there anything else I can do other than appearing in person to try to achieve a decision in my favour - can I send someone else on my behalf or is it too late to appoint a representative now?
I have one final question - you mentioned that I did not have small claims protection? What is that? Would I have had that if the 2nsd defendant had filed an acknowledgement of service? Or only if he filed a defence? Once one has small claims protection is it possible to lose it later and if so how? Would I have been better off and more protected if he had actually replied to the case papers?