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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5392
Experience:  Solicitor
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I have completed a N244 to have a judgement set aside as I

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I have completed a N244 to have a judgement set aside as I was not served with the necessary papers to enable the Defendant to submit a Defence in accordance with the statutory period. However things are further complicated as I also have not been served with notice of the judgement. I spoke to the contact centre today who say this was sent out on 14/8/17 and i only had 7 days to respond i.e. by yesterday
Assistant: Where are you located? It matters because laws vary by location.
Customer: West Midlands
Assistant: Has anything been filed or reported?
Customer: I tried to file an N244 on 7/8/17 to have the case deferred but apparently this did not make its way to the file so was not considered by the judge. I am hoping to make a further N244 application today/tomorrow to have the judgement set aside
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: No Sorry before we continue how much does this cost in total?
Submitted: 3 months ago.
Category: Law
Expert:  Jamie-Law replied 3 months ago.

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

I am not quite with you - did you have Judgment in default?
Was there a hearing to set aside?

Customer: replied 3 months ago.
The case went ahead in my absence on 8/8/16 but I have received no paperwork from this. I spoke to the contact centre today who told me paperwork was sent 15/8/16 (which I didn't receive) and I should have responded within 7 days
Customer: replied 3 months ago.
I have added what I have written regarding this
Customer: replied 3 months ago.
This is what my practice manager submitted on 7/8/17 regarding the deferment
Customer: replied 3 months ago.
I am very sorry but I need to leave the house to take my daughter somewhere. Can I contact you or one of your colleagues later?
Expert:  Jamie-Law replied 3 months ago.

Yes. Let me know when you are online next.

Customer: replied 3 months ago.
How do I contact you in particular and until what time can i do that?
Expert:  Jamie-Law replied 3 months ago.

Just come back to this question.

Customer: replied 3 months ago.
Great. Thanks. What time are you working until?
Expert:  Jamie-Law replied 3 months ago.

I am on/off all night

Customer: replied 3 months ago.
Ok Brilliant. Are you OK to read through what I have attached?
Expert:  Jamie-Law replied 3 months ago.

Not yet as you are going offline but I will later

Customer: replied 3 months ago.
Hello
Customer: replied 3 months ago.
I had just written the N244 and written in response to the question what order are you asking the court to make and why: "An order that the Judgement dated 8/8/17 of Birmingham County Court case number D9QZ6056 is set aside on the basis that I, the Defendant, has a reasonable defence and I was not served with the necessary papers to enable me to submit a Defence in accordance with the statutory period and was not given sufficient notice to attend"
Expert:  Jamie-Law replied 3 months ago.

Ok that is fine - what is it you want to ask me?

Customer: replied 3 months ago.
I was not served the Notice of Allocation for a small claims court therefore was unable to attend or submit evidence. The case went ahead on 8/8/17. I have been waiting for the papers indicating the outcome but 2 weeks on nothing has arrived so today I rang the court contact centre. They said a letter was sent 15/8 but again i haven't received it but they say I should have responded within 7 days so I don't know how to proceed
Expert:  Jamie-Law replied 3 months ago.

So you want to apply to set the order aside?

Customer: replied 3 months ago.
Customer: replied 3 months ago.
Hello?
Expert:  Jamie-Law replied 3 months ago.

So you want to apply to set the order aside?

Ok and this is separate from your application to adjourn which is included in the above?
Did you include a Court fee with that application?

Customer: replied 3 months ago.
The application to adjourn was submitted 7/8, the case was 8/8 so I included a telephone number to ring for payment and sent it by email. I intend to send the application to set aside the judgement tomorrow in the post with the fee
Customer: replied 3 months ago.
The application to adjourn was not considered as it was not included in the file for the judge
Expert:  Jamie-Law replied 3 months ago.

Yes, send the set aside tomorrow with a cheque.

Sure. But if you didnt pay the fee that would be why. You need to include payment with the application.

What is it you want to ask me about the set aside application?

Customer: replied 3 months ago.
But how could I include a payment with an email application. I was told by the contact centre inculding a telephone number was the right thing to do
Customer: replied 3 months ago.
As above I have not received the papers sent 15/8 but the contact centre today said this should have been responded to within 7 days i.e. by yesterday
Expert:  Jamie-Law replied 3 months ago.

Yes, but you havent had the original order yet, have you?

Customer: replied 3 months ago.
Sorry but what is the original order? Is this the same as the Notice Of Allocation?
Expert:  Jamie-Law replied 3 months ago.

No. You said your case was heard so you must have had a trial date.

Or are you saying it was struck out for not sending back the Directions Questionnaire?

Customer: replied 3 months ago.
I did not receive the paper work sent out about the trail date (this is the notice of allocation isn't it??). I think I didn't send back the Directions Questionaire
Customer: replied 3 months ago.
Does a judgement in default mean the case went ahead without me? In which case yes
Expert:  Jamie-Law replied 3 months ago.

Ok - but you have 7 days from the date you get the order to apply to set it aside.

It may be that it hasnt been sent out yet. Courts always have a backlog.

Default Judgment does not mean there was a hearing, it means that its in default of a defence.

As such you wont get Judgment in default if you filed a defence

Can I clarify anything for you about this today please?

Customer: replied 3 months ago.
But although the order was sent 15/8 I haven't recieved it. where does that leave me?
Expert:  Jamie-Law replied 3 months ago.

You only need to apply to set aside ONCE you get it.

Or get the Court to email you a copy.

Does that clarify?

Customer: replied 3 months ago.
it is OK for me not to act until the court email me a copy of the order even though it was posted more than 7 days ago?
Expert:  Jamie-Law replied 3 months ago.

Correct. But get an email copy.
Does that clarify?

Customer: replied 3 months ago.
I requested an email copy today but I didn't hold out much hope as requested an email copy of the Notice of Allocation on 1/8/17 and still haven't recieved that
Expert:  Jamie-Law replied 3 months ago.

Ok - call the Court and ask. Speak to listings manager if necessary

Does that clarify?

Customer: replied 3 months ago.
I will need to move quickly once I have it so can i ask you a couple of questions about the N244?
Expert:  Jamie-Law replied 3 months ago.

Indeed. If I could ask you to rate this answer, then you can come back at any time and ask follow ups.

Customer: replied 3 months ago.
In terms of attaching a "draft of the order" how does this differ from "the statement of case"
Expert:  Jamie-Law replied 3 months ago.

Statement of case is particulars of claim. Draft order is a draft of what you want the Court to order.

Tick no to draft order attached.

Does that clarify?

Customer: replied 3 months ago.
Thank you. Is it reasonable to ask for this application to be dealt with "without a hearing"?
Customer: replied 3 months ago.
Would the details of the fixed trial date be the date of the case (8/8/17)?
Customer: replied 3 months ago.
What level of judge does my hearing need?
Customer: replied 3 months ago.
Who should be served with this application?
Expert:  Jamie-Law replied 3 months ago.

Yes, without a hearing

I would put n/a as trial already happened

District

The other side, I assume you are Defendant so it would be Claimant

Does that clarify?

Customer: replied 3 months ago.
it does. thank you
Customer: replied 3 months ago.
Do I need to send a copy to the claimant too or with the court do that?
Expert:  Jamie-Law replied 3 months ago.

The Court will do that. All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the bottom of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

Jamie-Law and 3 other Law Specialists are ready to help you
Customer: replied 3 months ago.
Thank you. Will do!