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My case was struck out and now I have a CCJ while the defendant got away with it!

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  • My case was struck out and now I have a CCJ while the defendant got away with it!

    Apologies in advance for my very long-winded post!
    I brought a claim against a motor repair garage and attended the trial hearing on 6th November 2024.
    The Defendant's Solicitor applied a few days before the trial to have my case struck out on the basis that I didn't provide a witness statement by the date directed and didn't provide any expert evidence.
    The Judge ruled in their favour saying my case could not succeed and entered default judgment against me for £11,000.
    I am beside myself. Firstly, I cannot afford this or anything close, and secondly, I am devastated that my claim was not heard after what happened and all the effort I put in as Litigant in person.
    Justice has most definitely not been done and despite my filing an N244 application since the trial, this has been refused by the Court as I attended the hearing? I don't understand.
    I have no idea how to proceed as the only information I have to rely on is good old Google.
    I cannot afford legal representation and not entitled to legal aid. I cannot allow my original claim to fall by the wayside and let these cowboys away with it. What can I do next? ANY advice would be welcomed.
    My attempts to find advice and support have been met all along with closed doors. My mental health is not good at all and all I wanted was justice for what I lost due to their negligence. Help please!
    Tags: None

  • #2
    Hi RostRed

    Welcome to LB

    What you need to do is see if you can get assistance from CAB or a Law Centre near you.
    You probably have a case, but haven't followed the Orders given by the Judge / Court.
    CAB / Law Centre can see if your case has merits and can be Appealed.

    https://www.lawcentres.org.uk/get-help




    Comment


    • #3
      Can you explain how you got a default judgement against you for £11,000?

      What was the £11, 000 for? (Assuming your original claim was a "small claim" I thought it was limited to £10k and that if you lost the defendant could not claim costs).

      Comment


      • #4
        If a represented party makes an application for the other party's statement of case to be struck out before the claim is allocated to a track and the application is successful then the no-costs rule which generally applies to the small claims track can be avoided
        Was Rosyred's claim allocated to the small claims track? It is not clear from the thread
        An application a few days before the trial-the claim must have been allocated to a track

        Please read EX340 appealing against a court decision in civil and family cases
        If the claim was on the small claims track, form N164 should be used to make an appeal
        Last edited by Pezza54; 6th December 2024, 19:30:PM.

        Comment


        • #5
          There is so much that we have not been told that worthwhile advice is not presently possible.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            If it was struck out before the trial date, presumably it must've been allocated to a track prior to that.

            But £11k seems excessive for a small claim without a counterclaim (unless it was a lengthy and complex case). Need a lot more information to give meaningful advice.

            Comment

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