Judge struck off my N244 application to set aside a judgement with no reason given

[atlantic]

I could not attend the hearing. nor did the Claimant.

I did submit a strong defence for having this case struck off and believed it had been, I only realised a few years later it had not.

Claimant did not contest this defence and I feel as though it is unfair that the district judge has struck out my application, he has gave no reason to why it was struck off!

Surely a hearing can be heard on the subject matter of the application alone and because neither defendant or Flavia did not turn up does not seem a valid reason to strike an application off.

Can you tell me if in these type of cases that a decision can be made by a judge without giving any reasons why my application was thrown out?


It seems very unusual and irregular for a case to be thrown out with no details as to why!



I would be very grateful if you could please advise me what to do in this matter?

[Amethyst]

Re: Judge struck off my N244 application to set aside a judgement with no reason give

Did you inform the court you wouldn't be attending the hearing 7 days beforehand?

If no parties attended the hearing, and didn't inform the court before hand and ask it to be heard on paper, then it is often just dismissed.

[atlantic]

Re: Judge struck off my N244 application to set aside a judgement with no reason give

Did you inform the court you wouldn't be attending the hearing 7 days beforehand?

If no parties attended the hearing, and didn't inform the court before hand and ask it to be heard on paper, then it is often just dismissed.

Unfortunately I was working abroad and never got the paperwork however I would have thought the judge would still look at it because it was an N244 stating my case and a strong defence?

[nemesis45]

Re: Judge struck off my N244 application to set aside a judgement with no reason give

Unfortunately I was working abroad and never got the paperwork however I would have thought the judge would still look at it because it was an N244 stating my case and a strong defence?

No as Amethyst has said unless you made a specific application for the claim to be
dealt with in your absence and heard upon written evidence only the judge is right
to strike the application.

nem

[atlantic]

Re: Judge struck off my N244 application to set aside a judgement with no reason give

Ok thanks, however it seems as though in any reasonable circumstances, if you have applied to the Court and paid a fee for a service to have a defence heard and decided upon then you would expect this to happen?

I do think that some reason should be documented as to why my application was struck out, I paid a fee for it and I am aggrieved that the notice does not give any.

This happened back in Dec 2011 however has only came to light just now and I would like this CCJ removed from my file.

Is there any recourse or system of addressing this?

[stevemLS]

Re: Judge struck off my N244 application to set aside a judgement with no reason give

Agreed with Amethyst and nem, sorry.

As far as I know, you have no cause to removal of the CCJ

[atlantic]

Re: Judge struck off my N244 application to set aside a judgement with no reason give

Agreed with Amethyst and nem, sorry.

As far as I know, you have no cause to removal of the CCJ

I am not asking for advice regarding the removal as yet! (that is what my defence in the original N244 was for but I never knew if it was taken into consideration or any reason why not)

I was asking what options I have for redress as I think I should not have been treat and dismissed in such a manner after paying a fee to get it removed.

I could bring a second N244 however I would rather find out if the judge or the Court have done anything out of turn so would like to see if any procedural matters have not been affected properly.

Can anybody shed any light on this form of recourse?

[basa48]

Re: Judge struck off my N244 application to set aside a judgement with no reason give

...................I think I should not have been treat and dismissed in such a manner after paying a fee to get it removed.
..................

You didn't pay to get it removed, you paid a fee to the courts to hear your arguments to get it removed. If you didn't turn up to make those arguments why would the court waste its time considering them in your absence?

[nemesis45]

Re: Judge struck off my N244 application to set aside a judgement with no reason give

I am not asking for advice regarding the removal as yet! (that is what my defence in the original N244 was for but I never knew if it was taken into consideration or any reason why not)

I was asking what options I have for redress as I think I should not have been treat and dismissed in such a manner after paying a fee to get it removed.

I could bring a second N244 however I would rather find out if the judge or the Court have done anything out of turn so would like to see if any procedural matters have not been affected properly.

Can anybody shed any light on this form of recourse?

There is no recourse and no redress as has been said you paid a fee for the application then failed to attend or direct the court to what should be done in you absence the judges action followed procedure properly.

If you wish to apply again you'll have to pay another fee!

End of story on this one me thinks.

nem

[basa48]

Re: Judge struck off my N244 application to set aside a judgement with no reason give

OK, OK, we get the story !!!!!!!!! :lol::lol::lol::lol:

[atlantic]

Re: Judge struck off my N244 application to set aside a judgement with no reason give

There is no recourse and no redress as has been said you paid a fee for the application then failed to attend or direct the court to what should be done in you absence the judges action followed procedure properly.

If you wish to apply again you'll have to pay another fee!

End of story on this one me thinks.

nem

Hopefully not the end my story!

I have hope that I can seek some redress and will let you know the outcome of my enquiry to the Court.

Thanks for the information

[nemesis45]

Re: Judge struck off my N244 application to set aside a judgement with no reason give

[QUOTE=atlantic;550256]

There is no recourse and no redress as has been said you paid a fee for the application then failed to attend or direct the court to what should be done in you absence the judges action followed procedure properly.

If you wish to apply again you'll have to pay another fee!

End of story on this one me thinks.

nem

Hopefully not the end my story!

I have hope that I can seek some redress and will let you know the outcome of my enquiry to the Court.

Thanks for the information

What do you regard as redress?? The court has made a judgement and that was that the application be struck because of your failure to follow procedure.

The CCJ will drop of CRA files after 6 years but it's not dead and could still be enforce, and as this dates back 2011 it's the only way it will be removed.

nem

[FlamingParrot]

Re: Judge struck off my N244 application to set aside a judgement with no reason give

This happened back in Dec 2011 however has only came to light just now and I would like this CCJ removed from my file.

Is there any recourse or system of addressing this?

Are you saying that you applied for set aside in 2011 and the hearing you didn't attend was in December 2011?

I'm not going to ask you why you are only asking about it now, since it's not likely to make much difference, however, there's a bit of good news. If you applied for set aside in 2011, presumably the CCJ was issued either in 2011 or maybe even earlier than that. What that means is that it won't stay on record much longer, CCJs drop off the public record (and your credit file) six years after they are recorded.

[atlantic]

Re: Judge struck off my N244 application to set aside a judgement with no reason give

Ok thanks for that advice it was just a shock when I seen it as I never got a notice sent to me it was only recently when I was credit checked that it came up

[FlamingParrot]

Re: Judge struck off my N244 application to set aside a judgement with no reason give

Ok thanks for that advice it was just a shock when I seen it as I never got a notice sent to me it was only recently when I was credit checked that it came up

I take it the creditor has not attempted to enforce the CCJ in any way...