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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 6554
Experience:  Senior Associate Solicitor
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I had hearing last year and the judge a QC issued an order

Customer Question

I had hearing last year and the judge a QC issued an order dismissing the applicant's ( who did not attend) claim after reading the application and court files and stated that in his judgement it would be quite wrong to further adjourn the hearing.
JA: Where are you? It matters because laws vary by location.
Customer: After a year i received a notice of an order from CLCC stating that the same claim is to be heard in December. i wrote to the court informing them that the hearing took place last year and a judgement order dismissing the applicant claim was issued. In addition I have not received a copy of the applicant application for a hearing on the same claim.
JA: What steps have you taken so far?
Customer: What is the procedure for a re hearing and/or setting aside a judgement. please let me know. thanks
JA: Anything else you want the Lawyer to know before I connect you?
Customer: what do i need to do???
Submitted: 14 days ago.
Category: Law
Expert:  JimLawyer replied 14 days ago.

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

This is a CCJ or a county court judgment. To set aside the CCJ you need the N244 form and a witness statement with a draft order. I attach copies of those which you can tailor to your specific case. With the witness statement, if you want to refer to any evidence such as email correspondence, letters and so on, you can do that and attach them to the statement.

You will need 3 copies of the bundle (N244, statement, draft order) and a covering letter to the court with a fee of £255 payable to HMCTS. If you are on low income or have low savings (or in receipt of benefits) you can ask the court for a fee exemption - so instead of sending payment you enclose a completed form EX160 (copy attached).

You can specify a telephone hearing and you ask the judge for an order that the CCJ is set aside.

If you have not received any court details (you need the claim number for the purpose of the N244) then you can check the CCJ details at http://www.trustonline.org.uk )

If you want to do the application and send me a copy to check, I would be happy to do that. Bear in mind the court expects these applications to be made promptly. If you want an advocate to do the hearing for you, you can use http://www.lpc-law.co.uk who would charge around £250-£350 and the fee is recoverable from the claimant if your application succeeds.

I would go with the advocate as if your application succeeds (and I think it will) then their fee is recoverable from the other side - in addition to the £255 application fee.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Customer: replied 14 days ago.
Apologies but you have misunderstood my question. I am the Defendant and had a judgement issued one year ago in my favour. The judge dismissed the applicant claim one year ago. I recently received a Notice from CLCC that a hearing is scheduled for December 2019 for the same matter. Yet I have not received a copy of any application made by the applicant and or CLCC. MY QUESTION IS HOW SHOULD I PROCEED???
Expert:  JimLawyer replied 14 days ago.

Sorry but the question didn't refer to the fact you are the Defendant. You will need to write to the court to say the matter was decided and dismissed, therefore there should be no hearing next month. I presume it is an error on the court's part. Unless the claimant applied to appeal the judge's decision and an appeal judge overturned the earlier judge's decision. In which case you will need to attend the hearing next month and oppose it.

Expert:  JimLawyer replied 12 days ago.

Good evening, is there anything else I can clarify for you?.