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ivorylounge
ivorylounge,
Category: Law
Satisfied Customers: 35979
Experience:  Barrister at Self Employed Barrister
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I have a General Form of Judgement or Order that was awarded

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Hello,
I have a General Form of Judgement or Order that was awarded on the 26 November and became overdue on the 17 December. No payment has been received.The defendant attended the court on the 6 January to be told that the hearing had already taken place and that judgement had been awarded against them.They produced a letter from the courts saying that the hearing had been adjourned to the 6 January. Obviously this was a court error as I received nothing saying the change had been approved and the original hearing date of 26 November was indicated on the hearing register for that date. the Judge mentioned the 6 January but did not have a copy of the letter and since I had not received a copy continued with the hearing.The defendants have now issued Form N244 application notice dated 6 January requesting that the judgement be set aside due to the court error. The courts have given a hearing date of 5 February.My questions areDo I have to attend the hearing
Will the defendant be there
can I write to the courts saying that I do not agree with the notice of hearing as the defendants are well outside the 14 day time period for application and had ample time to send in Form N244 as soon as they received the notice of judgement. Is there a form for this.
What happens at the hearing - if both parties are there is this not the same as a formal hearing?Thanks

Let me see if I can help and please rate 5 stars. You must attend the hearing so that you can explain to the court why they should not have the judgement set aside. It will be treated as a formal hearing as the court will consider their application. It will be a very uphill battle for them as they are seeking relief from sanctions - namely the order which is place with no apparent explanation for their failures. Please rate 5 stars

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Customer: replied 12 days ago.
Thank you.

one more question if I may. is it worth sending a letter to the courts (and the defendant?) stating what happened in a chronological order. This way it will be quite clear that the defendant once they received the General Form of Judgement or Order (dated 4 December and probably received 5 December) did nothing until they attended the court hearing on the 6th January - well past the 14 day period to submit a claim.

Is it also worth mentioning that the documents that each party is required to send to each other and the courts (item 6 under the Notice of Allocation to the Small Claims Court) arrived at my house 1 week before the 6 January hearing date so fall foul of the 14 day time limit before the hearing date.

Can I use the above information to ask the Judge at the hearing to strike out the documents from the defendant that arrived late. How likely is this and does it happen often.

no more questions

Thank you.

I would certain prepare such a document and also send it into court but also take a copy with you