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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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The service date for a claim made against me was 23/05/2016.

Customer Question

The service date for a claim made against me was 23/05/2016. On 04/06/2016, I sent an acknowledgment of service to M5 0BY (county court money claims centre) instead of M60 9DJ (The county court at Manchester, Civil Justice Centre).
On 17/06/2016, I sent a defence to M60 9DJ.
On 27th June 2016, judgement was made against me for not sending a defence on time.
I applied for a set asside judgement and the hearing the is on the 12/09/16.
I am confident on winning the actual case but I'm also aware that the judge will question my not sending the letter of acknowledgement on time.
Can I get an advice on this?
Submitted: 3 months ago.
Category: Law
Customer: replied 3 months ago.
I have got recorded deliveries for all responses sent to the courts.
Expert:  Ash replied 3 months ago.

Hello my name is ***** ***** I will help you with this.

How much is Judgment for please?

Customer: replied 3 months ago.
163;5205
Expert:  Ash replied 3 months ago.

Did you also send a defence to the Claimant?

Customer: replied 3 months ago.
I do not remember being prompted to do so. I only sent a defence to the court.
Expert:  Ash replied 3 months ago.

Ok. You should send a copy of the defence to the Claimant and ask them if they will consent to the matter being set aside.

If they do then you just need to make a formal application using form N244:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdf

There is a Court fee of £100 for this. The court will then consider it and set aside.

If they wont consent then you need to make a formal application using the above form. But there will be a hearing and the cost for this type of application will be £255.

The Court will set the matter down and decide whether to set aside Judgment.
But you should attach the defence to the Claimant and application notice.

Can I clarify anything for you about this today please?

Customer: replied 3 months ago.
I have already written the court to set aside judgement with the defence attached. The hearing date for the set aside judgement is on 12/09/2016.I am aware that even before looking into the details of the case on 12/09/2016, the judge will have to go through reasons why I did not respond as expected.What I also need advise on is on weather my sending the first acknowledgement to the other court is good enough excuse. Also, I am aware that I sent the responses right on the last day that I was expected to send a response. My question to this is; is it the date that I sent the correspondence that counts (as I expect) or is it the date that the court receives the correspondence that counts?
Expert:  Ash replied 3 months ago.

All you need to show is that:

1) You have a realistic prospect of successfully defending the case and

2) You acted promptly.

The reasons for no reply is not relevant, just that you have a defence. That is all.

The date the Court receives the correspondence is all that counts, yes

Does that clarify?

Customer: replied 3 months ago.
If the date the court receives the correspondence is what counts, then that will mean that I did not send the defence on time as the court received the defence on the 29th day from the day of service (day of service; 23 May 2016, Acknowledgement SENT on 04/06/2016, defence SENT on 17/06/2016).If the dates I SENT off the correspondences are what counts, then I am within the 14 days (for acknowledgement) and 28 days for defence submissions.Please confirm these.
Expert:  Ash replied 3 months ago.

No. The date it is received. That is 2 working days after posting classed as deemed service.

Does that clarify?

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