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General Form of Judgement or Order

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  • #16
    This part of the order
    2. This order, in part or in whole, has been made on the application of one party without notice to another. Any party affected by it may apply within 7 days of service of it upon him/her/it to have it set aside or varied.


    When was the order served?

    If it was more than 7 days ago he would have to make a formal application on form N244 and pay the relevant fee. I think that if he applied within 7 days he could request the order be varied or setaside without paying the fee. But it's only to have the ORDER setaside/varied NOT the judgment ( although in this case it would mean judgment isn't simply entered in your favour in the terms of your original application for default judgment. ( yip still complicated for unknown reasons )

    It is over 7 days from service of the order now anyway so it's a moot point if he's not done anything yet.... not sure when the order was dated ( deemed served 2 days after ) so you should be awarded the judgment, might be worth a call to the court tmw to see if he has raised any arguments, or just wait until you receive the judgment order.

    Is the amount the Judge has stated the amount you claimed and applied for judgment for ? ( it is quite unusual for the Judge to double check - so maybe just double check the amount - only because someone else got a judgment against them for 41p last week due to a typo in the claimant's claim form )
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    SHORTCUTS

    Pre-Action Letters
    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Witness Statements
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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