Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Please can you provide some more information on the nature of the claim.
OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
just to check did you ever enter a formal defence?
Thank you. Arbitration is a voluntary exercise and it is not something which would automatically happen if you go to the small claims court. If the case was allocated to the small claims track you would still be expected to proceed as with a formal claim where you suit a defence and pursue the claim so arbitration will not be considered unless you both agree to it and consciously begin that process.
It appears here that you entered a defence but it was not appropriate in the circumstances as it did not address the issues raised in the claim. So that is why the claim was struck out.
If you were not given the opportunity to amend these you could try and appeal on these grounds but usually an appeal an only be made on points of law, if the court got the law wrong. This is a procedural issue rather than a point of law.
Saying that you can apply for the judgment to be set aside. You must do this within 14 days of the judgment has been served on you and you use form N244 to apply for this.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you
so you entered a defence but before it was struck out were you given an opportunity to fix it in the event it did not address the claim?