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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 3156
Experience:  Solicitor at BLM
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I have been issued a county court judgement against my

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I have been issued a county court judgement against my brother when I was replying and defending all of the paper work sent. The claim has been "defaulted" because my brother did not reply to the claim form - however, I replied to the claim form and we were even set a court date. I had answered all previous letters on behalf of us both and now they have awarded it against us because he didn't reply to the letter - it was never made clear we needed to reply to the letter individually.
JA: Where are you? It matters because laws vary by location.
Customer: Maidenhead
JA: What steps have you taken so far?
Customer: Advisor please.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Customer: replied 4 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 4 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Hello

Welcome to JA.

I am sorry to hear about your situation.

Please note that this is not a chat service therefore you may experience delays.

Are you and your brother named as different defendants on the court details or is it only your brother named on the court document?

Customer: replied 4 days ago.
Chat is no problem
Customer: replied 4 days ago.
My brother is named alongside me: Defendant 1 and Defendant 2
Customer: replied 4 days ago.
The county court default judgement has named only my brother to pay although it says defendant "his name and one other"

Hello

When multiple defendants are sued, default judgment is able to be obtained against a single defendant. The claim proceeds against the other defendants which have filed a defence. Therefore your the Claimant can enter judgment and enforce the judgment against your brother.

Further the claim against will continue.

Do you understand what i have stated so far?

Customer: replied 4 days ago.
No I don't understand, if I pay for you to call me are you able to call right away?

Yes indeed we can talk about how the process works.

Anthony Chendo and other Law Specialists are ready to help you
Customer: replied 4 days ago.
Great thanks Anthony, looking forward
Customer: replied 4 days ago.
Thanks for the call Anthony, if you could send the details for the email as soon as you can so I can get that across to them now. In regards ***** ***** N244 form – if I pay for it and it is approved, will they refund me if I win the case?

Hello

You should notify the court that judgment ought to be set-aside because the claim against Luke can not be separated from the claim against you. Therefore judgment was entered in contravention of CPR 12.8 (2)(a).

The email address is***@******.***

***@******.***

I dont know whether they will refund you but you can ask for repayment.

Thanks

Customer: replied 4 days ago.
Do I need to include the claim number? Anything else? Do I tell them about the appeal - that the case is the same, the actions were the same etc?

Yes to all questions.

Thanks

Customer: replied 4 days ago.
Ok I will compose and kindly ask you to proof read
Customer: replied 4 days ago.
Dear County Court,I kindly, and urgently request judgment to be set-aside because the claim against my brother Luke Houlder can not be separated from the claim against me. Therefore judgment was entered in contravention of CPR 12.8 (2)(a).This is becausea) The case is the same
b) The actions are the sameMy replies to the claim form, particulars of claim and responses to the court documents all clearly demonstrated I was acting on behalf of us both.My claim number: H1QZ49M0. Please can you forward to the judge as soon as possible?Kind regards,
Jonathan Houlder
Customer: replied 4 days ago.
I might include: c) the defence is the same
Customer: replied 4 days ago.
Also Anthony, it says on a copy of the claim form "tick the appropriate box" and I definitely ticked "I intend to defend all of this claim"
Customer: replied 4 days ago.
Hey Anthony are you there?
Customer: replied 4 days ago.
Also if I do complete the N244 form, can I do it on behalf of my brother or does he need to do it and attend the 15 minute hearing?

Your brother will need to attend the hearing if an application is made and the email  draft is fine.

Ps I am not always online. Therefore it is best to open a new question and reserve for my attention because if I can't respond to it another expert can answer it. Therefore you are not left waiting for when I am back online which could be hours or days.

Thanks

Customer: replied 4 days ago.
Hi Anthony, do I need to do the N244 in my brothers name if it is to defend him or does it need to be done by him?
Customer: replied 4 days ago.
Also, the CCJ they issued is in my brothers name but at my address. He doesn't live here, never has done. Does this matter? (what I am most worried about is him get a CCJ on his credit file).
Customer: replied 4 days ago.
Hi AJ, I called the county court and they said they wont accept any email appeal and to do a N244.They also said if I do an N244 and it's rejected, the CCJ will be kept on his credit file for 6 years.