Received Application Notice N244

[waxthedog]

I have received an Application Notice from a Defendant's representative to have my claim dismissed / struck out, form N244 (Small Claims). The Defendant's legal representative has completed the form. In section 10 (information supporting application) they have marked "attached witness statement", however in the pack that I received there are no attachments. Should I have received this evidence with the notification, or has the evidence only gone to the court and I just have a copy of the notice?

Assuming this notice to dismiss the claim is valid, will I be offered an opportunity to present my evidence to a Judge or could it be thrown out without me even presenting a case (I just want the opportunity to present my case to a Judge and happy with any ruling they have)

[Amethyst]

Yes you should have received the witness statement provided to the court with the application.

You may need to contact the claimant to request a copy, or ask the court if they have received the application and witness statement, and ask them for a copy. You can respond to the application by filing your own Witness Statement in response and support of your claim.

What stage in the claim are you ? ( is this direct off the back of the claim being issued or has a defence been filed prior ?)

For now though, what's in section 3 ? ( should have brief details as to why they are requesting a strike )

Have they requested it to be heard at a hearing ? ( section 5)

[waxthedog]

A defence has been filed prior via the initial response to the online portal siting the reasons for the claim being null. Section 3 looks like it is a summary of key points in the initial response. I was expecting the N244 form to be accompanied by all relevant witness statements as that came by regular post. I currently making an assumption of a link between the defence's initial response and the witness statement received electronically.

Section 5, is for a hearing to take place

Is there a form / format / template for counter witness statements or can I just use a word document?

Thank you for your help BTW

[Amethyst]

First you'll want to obtain a copy of their Witness Statement ( any draft order included? ) to be able to respond. Can you tell us the basic reason for the strike out app ? ( does it mention the CPR's - 3.4(2)a for example )

It seems odd to apply to strike after filing a defence. Has anything else happened in between ? Requests for information that haven't been complied with or anything ?

Were you going to file a response to the Defence ? ( does that mention the reasons for striking out?)

You haven't yet received / returned Directions Questionnaires from the court ( N180 ) ?


Witness Statement examples here, word is fine, or print to a PDF is better - > Witness Statements

[Ram26]

Hi,

Can anyone help me with this issue?
I have 3 CCJ s under my name which were recorded at my old address. I did not know about it until I checked my credit report from the start of this year. I have sent 3 different N244 forms to Court to set aside my CCJs and I have received a hearing date in October. The letter says If the parties should discuss what can be agreed before the hearing. If your case settles or an agreement in reached before hearing you must immediately tell the court this.
My question is, If I paid all the money in full and settled with the claimant before the hearing date, is it still possible to set aside my CCJs? I would like to wipe out this record from my credit file as soon as possible.

Thanks in advance

[echat11]

Hi RAM26

You need to start your own thread, tagging onto an old thread will only confuse matters.

[Ram26]

ok. thanks