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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 12046
Experience:  Senior Associate Solicitor
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If papers are not served on me and a judgement is made

Customer Question

If papers are not served on me and a judgement is made without my knowledge what can I do?
Submitted: 21 days ago.
Category: Law
Expert:  JimLawyer replied 21 days ago.

Hi, this is Jim, thank you for the question - I will do my best to resolve this quickly for you.

Sorry to hear of the issue. You can apply to have the judgment set aside - if the papers were not served on you then you had no chance to reply to them. You have been denied the right to a fair trial too, which is a human rights issue. Let's call the judgment a "CCJ", or county court judgment.

For as long as the CCJ is in place, and remains unpaid then the claimant can enforce with bailiffs. It also stays on your credit record for up to 6 years.

As such it either needs to be set aside and the case defended, or paid off (or the claimant accepts an installment plan – if this is the case then form N245 needs to be filed with the court).

To set aside the CCJ you need the N244 form and a witness statement with a draft order. The N244 form can also be found here:

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

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.

To fill out the N244 form, it should be as follows :

Q1: your name, Q2: defendant, Q3: an order that the CCJ dated......is set aside because (insert a brief reason why). Q4: yes, Q5: at a hearing, Q6: 45 mins, Q7: N/A, Q8: district judge, Q9: Claimant, Q10: the attached witness statement, Q11: sign/date/insert your details.

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 – you can check your eligibilty here:

http://www.gov.uk/get-help-with-court-fees

You can specify a telephone hearing and you ask the judge for an order that the CCJ is set aside. Assuming they agree to that, it comes off the credit record and you will be allowed to either defend the claim if the debt is disputed or alternatively pay what you owe and there would be no mark on the credit record.

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.

I hope this helps and answers the question which is easy to understand - please feel free to ask me anything else. I will reply as soon as I can to help with any further queries.

Thanks for using our services and have a good day,
Jim

Expert:  JimLawyer replied 21 days ago.

Hi, I’m just checking to see if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or address anything else for you.

Many thanks,
Jim

Customer: replied 21 days ago.
Hi There,
Yes, Great Thank-you! In the order it says the Claimants solicitors have provided a certificate of service, what is this?
Customer: replied 21 days ago.
I have wrote to the court advising I have not received papers, giving notice, added your advice, been denied a fair trial etc,
Expert:  JimLawyer replied 15 days ago.

A certificate of service is a form confirming that court documents were served on a certain date, see attached.