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Hi All hope someone can help here,
I am a builder defendant in a case.
The claimant got a default judjement during covid becaus the court failed ro send me papers.
I aplied for with an n244 to set aside the hearing.
unbelievably they did not send me the date again.
The same day the hearing took place in the afternoon the claimant copied me in on an email to the court saying that he us appying for enforcement.
This is how I found out that the hearing was that day.
I went straight to the court and complained to the clerk again same day, he asked me to send an email to the court explaining this so that he could put it in front of the judge.
This is what i recieved back from the judge.
IT IS ORDERED THAT
Defendants name be amended to xxxxx xxxx
2.
Application dated 5th April 2024 is dismissed
No order as to costs
IT IS ORDERED THAT 1. CPR 39.8 applies - Mr Wright will need to send his email to the Claimant.
2. CPR 39 3 applies - an application is needed.
Please can some explain what i am appying for now, another n244 to cancel the first order or just the same n244 as last time to be reapplied for.
Thanks in advance
I am a builder defendant in a case.
The claimant got a default judjement during covid becaus the court failed ro send me papers.
I aplied for with an n244 to set aside the hearing.
unbelievably they did not send me the date again.
The same day the hearing took place in the afternoon the claimant copied me in on an email to the court saying that he us appying for enforcement.
This is how I found out that the hearing was that day.
I went straight to the court and complained to the clerk again same day, he asked me to send an email to the court explaining this so that he could put it in front of the judge.
This is what i recieved back from the judge.
IT IS ORDERED THAT
Defendants name be amended to xxxxx xxxx
2.
Application dated 5th April 2024 is dismissed
No order as to costs
IT IS ORDERED THAT 1. CPR 39.8 applies - Mr Wright will need to send his email to the Claimant.
2. CPR 39 3 applies - an application is needed.
Please can some explain what i am appying for now, another n244 to cancel the first order or just the same n244 as last time to be reapplied for.
Thanks in advance
