How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Anthony Chendo Your Own Question
Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 272
Experience:  Solicitor at BLM
106282438
Type Your Law Question Here...
Anthony Chendo is online now

I run a small family gardening business in the uk ,in short

This answer was rated:

I run a small family gardening business in the uk ,in short we had an unhappy customer who issued ccj claim we filled in form 9nb to dispute the claim in full and sent papers recorded delivery and they were signed for within the court papers timescale however a ccj was issued without us receiving a court date to defend this claim, we also believe this was a very speculative litigation from the claimant as the project cost was £3500 and his claim is in excess of £9000,
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: no U.K.
JA: What steps have you taken so far?
Customer: asked you
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello

Welcome to JA.

I am currently reviewing your question and will return to you shortly

Hello

When was the CCJ entered?

Customer: replied 6 days ago.
4th October 2019

Hello

I assume you wish to know how to set aside the judgment and then defend the claim properly.

Is this correct?

Customer: replied 6 days ago.
thats it

I suggest you should undertake the following steps ASAP

  • Draft an application explaining to the court that the CCJ ought to be set aside pursuant CPR part 13 (http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13) for the following reasons:
  • You have a real prospect of successfully defending the claim
  • The judgment ought to be set-aside as it appears it was entered in error given you filed the defence within the set-time scales

With regards ***** ***** application please see the link below which you can use to download the application:

https://www.gov.uk/government/publications/form-n244-application-notice

Customer: replied 6 days ago.
Is That document N244 on the .gov website

Yes that is it

Customer: replied 6 days ago.
yes i have filled that in tonight the same time as typing to you

Ok please send a copy of your defence too as that will show the court your side of the story

Further please also send any evidence to prove you sent the defence within the set-time frames

Customer: replied 6 days ago.
can i send n244 for you to look at and see if i have filled it in correct
Customer: replied 6 days ago.
have not finnish my full defence as was waiting for court date

You can send the N244 and I can check whether you completed the boxes correctly.

 

Customer: replied 6 days ago.
i have uploaded

Further given reviewing the application is a new matter, please rate the answer given, once rated I will review at no costs and give you my thoughts

Anthony Chendo and 4 other Law Specialists are ready to help you
Customer: replied 6 days ago.
rated