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Re: Urgent help needed on procedure for small claims
Hi nem,
Thank you for your post,
Just needed to ask, the n244 set aside judgement states struck out non attendance of both parties. Nothing more. We did request it be considered in our absence as the court staff stated that was faster than a oral hearing that would take months for a date hearing and plus a telephone hearing was not possible, later found to be untrue also.
However given the ordder states non atensance struck out, at the appeal j=hearing the judge indicated the set aside judge had all the information required to judge the case before him. So just confused whether it was struck out after considering our defence or struck out for the reason stated as of non attendance.
If we were to make a new application would that be another N244? and time limits I am probably out as we had to wait for the appeal hearing thats now concluded? Would it be worth writing to the set aside judge prior to application asking whether he would entertain it? as that as no cost to do in the first place, rather than loosing a court fee for a sure doomed application?
Hi nem,
Thank you for your post,
Just needed to ask, the n244 set aside judgement states struck out non attendance of both parties. Nothing more. We did request it be considered in our absence as the court staff stated that was faster than a oral hearing that would take months for a date hearing and plus a telephone hearing was not possible, later found to be untrue also.
However given the ordder states non atensance struck out, at the appeal j=hearing the judge indicated the set aside judge had all the information required to judge the case before him. So just confused whether it was struck out after considering our defence or struck out for the reason stated as of non attendance.
If we were to make a new application would that be another N244? and time limits I am probably out as we had to wait for the appeal hearing thats now concluded? Would it be worth writing to the set aside judge prior to application asking whether he would entertain it? as that as no cost to do in the first place, rather than loosing a court fee for a sure doomed application?
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