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JimLawyer
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FAO JimLawyer I have an N244 form with a draft order

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FAO JimLawyerHello,I have an N244 form with a draft order statement I would like to get reviewed. Please find attached.

Hi, so with the N244 :

Q7: N/A

Q8: District Judge

Q10: leave this section blank (untick "the evidence set out below")

S11: sign and insert your details in this part

Witness statement - if you put in a brief summary at the "background" part - just to show the judge why you are applying.

I hope this helps? If you can reply “yes”, or when you have the chance would you mind giving me a positive rating for the answer (the site will then credit me for my time). There should be a rating system at the top of the screen. Any other queries please let me know.

Many thanks,

Jim

Customer: replied 1 year ago.
Hello Jim,Thank you for your help. I have made the changes requested, please let me know if there is anything I can improve to increase my chances of success.I have attached the N244 the draft order and the statement below.
https://drive.google.com/drive/folders/1t95iIf9p20db0MoTRBFhGG42XT0oddxo?usp=sharingThank you in advance,Michael

question 9 on the N244 - insert "the claimant".

The background section in your witness statement is very good - just number it as a paragraph - judges love well-presented documents as they are easy to read and if you need to refer to something, you can point out the part of the statement with ease. It's just being picky but I know from experience having made several of these applications and attending hearings of this nature.

Apart from that - good to go. You need 3 copies of the application to the court with the fee. The court will then return one to you with a hearing date.

Customer: replied 1 year ago.
Hello Jim,Thank you. A few more questions:1 - Should the draft order and the witness statement be in the same document or different files?
2 - I have restructured and edited the background a little bit. Could you please review again and give any feedback?
3 - I have got aid, which I think means I do not need to pay if I understand correctly that is the purpose of my "Help with fees" reference number. Please help confirm this.4 - You have mentioned that I need three copies. My understanding is that I can email my application. Could you explain to me in case I may have misunderstood something?5 - Do you think I need to add the previous applications I sent as evidence or should I keep it with just the two documents?6 - The last page of the draft order says "osts of this application to be the Defendant’s, assessed in the sum of …..". Am I meant to add anything else to it?7 - Is it possible to hire you for my hearing?Here the files to review are:
https://drive.google.com/drive/folders/1t95iIf9p20db0MoTRBFhGG42XT0oddxo?usp=sharingThank you in advance,Michael
Hi, sorry I won’t have time to answer these now until Sunday - I can opt out for another expert to assist if that suits?
Customer: replied 1 year ago.
No, I prefer for you to respond when the time is right. no rush
Ok, thanks - I’m free all day on Sunday so I’ll come back to you with the further answers then. Thanks
Customer: replied 1 year ago.
Amazing thank you.

Hi Michael, just revisting this now :

1. The draft order should start on a new page but be attached to the witness statement. So, its the N244 form, statement, draft order (3 copies of the bundle to go to court);

2. Yes, it looks fine to me - no need to add anything else as it explains the situation well;

3. Yes, if you qualify for a fee exemption then quote the help with fees number on the covering letter to the court;

4. Yes, you can do to the court concerned - they should have an "e-filing" email address - you can send one copy if you email it.

5. No, I would not mention the previous ones as they will muddy the waters so to speak

6. No, the judge will assess costs if your application succeeds so leave this blank;

7. Sorry I can't, solicitor-client relations are not permitted on here - you can use http://www.lpc-law.co.uk or http://www.clerksroom.com who are both advocacy agencies and who can both provide cover for the hearing if you don't want to to do it yourself.

I hope this helps? If you can reply “yes”, or when you have the chance would you mind giving me a positive rating for the answer (the site will then credit me for my time). There should be a rating system at the top of the screen. Any other queries please let me know.

Many thanks,

Jim

Customer: replied 1 year ago.
Hi Jim,Thank you for the response.5 - WRT the previous applications, I do mention them in the background, and point 3 of the N244 form. Are you suggesting I do not bring them up at all, or are you suggesting I just do not attach them?Thank you,Michael

They were made and rejected so I do not see why they need to be brought up. You can refer to them, but the judge is going to know you applied previously and they may ask about those. Far better to start a fresh application with it's own merits, rather than bring in an old application. Do you see the logic?

Customer: replied 1 year ago.
I see the logic. However isn't one of the flaws with my previous applications that I had submitted late and not explained why that was my fault.1 - I imagine they could say I have applied too late. What are your thoughts on how to approach that then?
2 - If I removed the points about the previous N244, would they ask me about them at a hearing or could a judgement be made without properly hearing me out?

Each application has its own merit, yes the judge could revisit the previous application and you are automatically at a disadvantage with this one - the lateness argument will crop up again. You have the right to a fair hearing, so this would be heard before another judge - there only have to be persuasive arguments about why the CCJ is to be set aside - lateness is a reason to reject but the lasting impact of a CCJ on someone's credit score is high - you have good arguments for it to be set aside in my view

JimLawyer and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Perfect thank you.

No problem, have a good evening