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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a query regarding an N180 form claim. I am the Defendant. Thanks

Resolved Question:

Hi. I have a query regarding an N180 form for a claim. I am the Defendant.
Thanks
ian
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** thanks for requesting me.
What are you stuck with on N180 please?
Customer: replied 2 years ago.
I filed a defence for a claim and didn't return the N180 form. The court sent me a reminder on 9 September 2015 saying I had 14 days to do this. I only received this letter today and responded immediately with the Questionnaire. I called the court twice to query this. One very unpleasant chap said "tough luck problems with post is not our problem"!. The second said she would pass it to a manager to lookat as she said lots of people had called to say that their letter was also very late in arriving. As I have filed a defence, is there not anythjing I can do here? Thanks
Customer: replied 2 years ago.
Did you get the above?
Expert:  Ash replied 2 years ago.
Has your defence been struck out yet? Have you sent back the N180?
Do you still have the envelope with the date stamp on?
Customer: replied 2 years ago.
Well I had an email saying that it had been struck out from the first person I spoke to, but the second person said she would query the case with her manager. I didn't tell the second person that I had received the email as I didn't want her to say that it had already been dealt with. The envelope doesn't have a date, just the code C9 10002 where the stamp would be and the code H NI385006 underneath the window of the envelope.
Expert:  Ash replied 2 years ago.
What you need to do is send form N180 back asap. If you then get an order from the Court saying it has been struck out you can apply to set that aside.
The Civil Procedure Rules say where an order has been made without a hearing either party may apply to set it aside within 7 days of service.
Therefore send the Form N180 and see whether you get an order from the Court.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
I sent the N180 first thing this morning as soon as the letter arrived. I have had no response yet to that. I have not had an order from the court but did get this email from an admin. person (copied and pasted for you below)Thank you for your enquiry,
The defence has now been struck out. If you would still like to contest the claim you will need to apply to re-instate the defence. This application should be made using an N244 Application Notice and should be accompanied by a completed Directions Questionnaire. You will need to explain why you did not file your Directions Questionnaire within the deadline provided and why you feel you should still be allowed to contest the claim.If the claim against you was for over £10,000 please attach an N181 Directions Questionnaire; for claims of £10,000 or under please attach an N180 Directions Questionnaire. You will need to provide one copy of the application for each defendant, one copy for the claimant and one copy for the court.
There is a £50.00 court fee to process the application payable by cheque or postal order to HMCTS.You can see if you are eligible for help with court fees by checking the attached EX160A booklet.The EX160 and the required evidence would need to be posted to:County Court Business Centre
Her Majesty’s Court & Tribunals Service
St Katharine’s House
21-27 St Katharine’s Street
Northampton
NN1 2LHCard payments for application fees can also be taken by contacting the Helpdesk on 0300(###) ###-####number between 9.30am and 3.30, Monday – Friday. On the last court working day of the month between 9.30am and 3.00pm,If you have already paid the application fee you can file the completed scanned forms via email:***@******.***.Please note an application is not automatically granted. The outcome of your application is at the discretion of the District JudgePlease provide three copies of your N244 application form if you are returning it in the post.
Expert:  Ash replied 2 years ago.
Indeed. Wait UNTIL you get the Court order saying what has happened.
If its struck out you need to use form N244 and get it reinstated.
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
Can I clarify anything else?
Alex
Customer: replied 2 years ago.
So I should disregard his email and wait to see what the Judge has to say?One further question, although I do not feel that I should pay the money, to avoid any chance of a CCJ against me, could I just pay the Claimant to avoid that. I don't want to but would rather do that than get a CCJ. (I run a property company and cannot afford bad credit info to be registered against me.
Expert:  Ash replied 2 years ago.
Yes. Send the N180 by post as well if you have not done so.
If the defence is struck out you need to get the Court order saying so, then you can apply to set aside.
Does that clarify?
Alex
Customer: replied 2 years ago.
Yes thanks. What about the option of paying the Claimant to avoid any chance of CCJ because of late submission of N180. Would this nullify the court process or not?
Expert:  Ash replied 2 years ago.
No because if you apply to set aside and it is successful the CCJ is removed.
But you could pay the Claimant and wont get a CCJ in the alternative.
Alex
Customer: replied 2 years ago.
What are the chances of it being set aside and what does set aside mean?
Expert:  Ash replied 2 years ago.
Set aside means the claim reinstated. On the basis you didnt get the N180 until today then I would say the chances are high.
Does that help?
Alex
Customer: replied 2 years ago.
Yes great thanks. If the claim is not set aside, does that mean i automatically get a CCJ
Expert:  Ash replied 2 years ago.
Yes but if you pay it within 1 month then its automatically removed.
Does that help?
Alex
Customer: replied 2 years ago.
So if you lose in court and pay the amount within a month you do not ever get a CCJ?
Expert:  Ash replied 2 years ago.
You get one from the date of Judgment but then if you pay within a month it will be removed.
Does that clarify?
Alex
Customer: replied 2 years ago.
Yes that's great. So just to summarise - you always get your judgement removed if you pay within amonth - no exceptions? And if I pay now I stop the court process? Thank you very much for your help.
Expert:  Ash replied 2 years ago.
Correct and yes.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Yes that's great. You have been very helpful. Thank you!