N244 Application?

[dangar786]

Dear Legal Beagles

I initiated a counter- claim against a Company for £240. The Defendant admitted liability and wrote a value of £680.

There was a directions hearing where this mistake was brought up and the Judge ordered they apply for relief from Sanction by the 29th April.

This particular date has come and gone therefore I am looking to enforce the amount.

I have been told there has been no n244 filed for relief.

My question is - if they suddenly apply via an n244 to amend this (once I initiate enforcement) - would a Judge accept it? It has been quite a few weeks and they are in breach of the Order.

Many thanks.

[Pezza54]

Is the following correct. Please correct anything that is wrong

You received a court claim along with response pack N9

You completed form N9B disputing the claim in full and made a counterclaim on the form N9B

The claimant was sent a response pack N9

Which form in the response pack did the claimant complete and file with the court?

Did the claimant admit the counterclaim in full?

You attended a case directions hearing to receive the judge's directions regarding the claim, defence, counterclaim, reply to defence and counterclaim

Did the claimant admit he had made an error on the response form?

The judge ordered the claimant to correct his mistake on the form, or dispute the counterclaim and file it by 29 April attached to an application. Was an application fee mentioned?

The claimant has failed to meet the court deadline.

You should be able to request judgement in default on the counterclaim using form N227

[dangar786]

Hi Pezza
thank you for your swift reply

They used form n9b. Its on this form they admitted the amount of £680 albeit my claim being £240. They neither filed any defence.
the Claimant in the directions hearing admitted this is a mistake and the Judge ordered they apply for relief from sanction by the 29th April. The Judge mentioned they must complete an n244 form. (£303?)

Do i now categorically use form n227 and send it to the Court?
When studying the form, it states "when claim amount unspecified". In my case they have written £680.

WHen I have called the Court, theyve told me the counterclaim has gone back to the Judge and no n244 was filed.

Sorry for the daft questions
Many thanks

[Pezza54]

Sorry, my mistake.
Request judgement on form N225
Complete boxes A, C and D

If the claimant disputes part of your counterclaim they should have filed an Admission form for the amount admitted and a defence for the rest

[dangar786]

Thank you Sir

[Pezza54]

Your appreciation is appreciated