What does "no order" mean?

[Bbang]

Last month I got a letter from the court titled

"general form of judgment or order" that said the claimant could request judgment in default. Today I've recieved another "general form of judgment or order" this one states "it is ordered that: no application, no notice, no evidence, no fee - no order". What does this mean?

[Tools]

Re: What does "no order" mean?

I don't think I have seen one of those before. Is that the exact wording?

What kind of case is it?

[Bbang]

Re: What does "no order" mean?

Hi it's the small claims court they're claiming unpaid rent for period after end of tenancy. I put in a defence and evidence I had left the property but they claimed they weren't sent my evidence hence the first letter saying they could seek judgment in default.

I could just about manage to understand the first letter, I really have no idea what the second letter means but it is literally just that one line.

[Tools]

Re: What does "no order" mean?

Well it sounds like it is in your favour but I would give the court a call to check... Did u try sending them a further copy of your defence after they said they hadn't received it ?

[Bbang]

Re: What does "no order" mean?

No it was posted by special delivery so I just sent the royal mail signature page (it was the claimants signature) to the court.

I will ring the court Monday, I really wish they would just speak in plain English

[Amethyst]

Re: What does "no order" mean?

Ahh you sent a copy of the defence to the claimant and not to the court ? In that case it may mean the claimant accepted your defence and decided not to proceed but neglected to tell you or the court. But the court didn't know so informed the claimant they could ask for default judgment as they hadn't seen a defence.... in which case it makes sense ( other than the wording lol)

I know what you mean about wishing they'd speak plain english, but irritatingly I think they have tried to do so, and just made it much more complicated. I do think it is in your favour though and the case is at an end.

Maybe if you can do a pic of the order and upload it or email it to me ( admin@legalbeagles.info ) it may help decipher it better.

[nemesis45]

Re: What does "no order" mean?

Hi it's the small claims court they're claiming unpaid rent for period after end of tenancy. I put in a defence and evidence I had left the property but they claimed they weren't sent my evidence hence the first letter saying they could seek judgment in default.

I could just about manage to understand the first letter, I really have no idea what the second letter means but it is literally just that one line.

Looks like a judge has left the " door open" and has made no rulings whatsoever, no further submissions or applications have been made.

nem

[Bbang]

Re: What does "no order" mean?

Ahh you sent a copy of the defence to the claimant and not to the court ? In that case it may mean the claimant accepted your defence and decided not to proceed but neglected to tell you or the court. But the court didn't know so informed the claimant they could ask for default judgment as they hadn't seen a defence.... in which case it makes sense ( other than the wording lol)

I know what you mean about wishing they'd speak plain english, but irritatingly I think they have tried to do so, and just made it much more complicated. I do think it is in your favour though and the case is at an end.

Maybe if you can do a pic of the order and upload it or email it to me ( admin@legalbeagles.info ) it may help decipher it better.

Hi, l sent the defence to the court and the claimant. The claimant then emailed the court and said that no defence had been sent to them.

I was shocked when I recieved the first letter (claimant can request default judgment) because the claimant had signed when they recieved the defence and promptly sent a letter to the court with the royal mail proof of signature. That was last month and now I have recieved this no order letter.

I will try scanning the letter later thank you.

- - - Updated - - -

Looks like a judge has left the " door open" and has made no rulings whatsoever, no further submissions or applications have been made.

nem

Hi, what does this mean? Does it mean the case has to start over again?

[nemesis45]

Re: What does "no order" mean?

Hi, l sent the defence to the court and the claimant. The claimant then emailed the court and said that no defence had been sent to them.

I was shocked when I recieved the first letter (claimant can request default judgment) because the claimant had signed when they recieved the defence and promptly sent a letter to the court with the royal mail proof of signature. That was last month and now I have recieved this no order letter.

I will try scanning the letter later thank you.

- - - Updated - - -



Hi, what does this mean? Does it mean the case has to start over again?

It seems from what's been said there has been no further responses from either party to the claim and I can
only surmise that the judge has really left the claim back at the stage where he/she has stated that the claimant (??) could seek summary judgement, unusual but within the judges remit I think.

nem

[Bbang]

Re: What does "no order" mean?

Hello again. I rang the court today but they didn't know what it meant either (they haven't got my bundle back yet was his explanation?). He said to ring back in a week but he took a guess that the court have rejected my letter with proof of delivery of the defence and that I need to send an application with a fee instead.

Anyone know what kind of application or how much fee?

Seems really strange that they can lie by email and say they didn't recieve the defence but I must send an application if I want the court to see the proof I did??

[nemesis45]

Re: What does "no order" mean?

[QUOTE=Bbang;567005]Hello again. I rang the court today but they didn't know what it meant either (they haven't got my bundle back yet was his explanation?). He said to ring back in a week but he took a guess that the court have rejected my letter with proof of delivery of the defence and that I need to send an application with a fee instead.

Anyone know what kind of application or how much fee?

Court Form N244 fee £155.00 but I can't see what you are applying for, and explanation of the judges " order" which should not be subject to any fee?

I would put a request for explanation in writing to the court manager.

nem

[Bbang]

Re: What does "no order" mean?

Hi I think he meant that instead of sening a letter with proof of defence recieved by claimant that I should have sent an application and that's what letter 2 was in reference to.

He didn't say I needed to send an application to find out what the letter 2/order meant just that I'd need to call next week as he'll have the whole file/bundle then.

Im still a bit confused though, letter 1 was an order saying claimant could seek default judgment as I hadn't sent them the defence.

1) that's not a ccj right? So why couldn't I send proof the claimant did recieve a copy of the defence without an n244 form. I thought n244 was for setting aside a ccj?
2) if n244 is for any disagreeance with an order then why was the claimants word taken that they hadn't recieved the defence without me being given an opportunity to show I have before an order (letter 1) was made?

The latter seems a very strange process/biased against the defence? I probably won't have a fee to pay because I'm on a very low income but for those who would £150 is a lot to pay for an easily disprovable lie.

[FlamingParrot]

Re: What does "no order" mean?

Last month I got a letter from the court titled

"general form of judgment or order" that said the claimant could request judgment in default. Today I've recieved another "general form of judgment or order" this one states "it is ordered that: no application, no notice, no evidence, no fee - no order". What does this mean?

Hello again. I rang the court today but they didn't know what it meant either (they haven't got my bundle back yet was his explanation?). He said to ring back in a week but he took a guess that the court have rejected my letter with proof of delivery of the defence and that I need to send an application with a fee instead.

Anyone know what kind of application or how much fee?

Seems really strange that they can lie by email and say they didn't recieve the defence but I must send an application if I want the court to see the proof I did??

Court staff often give the wrong advice, sad but true.

Hi I think he meant that instead of sening a letter with proof of defence recieved by claimant that I should have sent an application and that's what letter 2 was in reference to.

He didn't say I needed to send an application to find out what the letter 2/order meant just that I'd need to call next week as he'll have the whole file/bundle then.

You would only send an application if you were... ehrmmm... applying for something! Which isnt't the case here.

Im still a bit confused though, letter 1 was an order saying claimant could seek default judgment as I hadn't sent them the defence.

1) that's not a ccj right?

No, if it was the general order of judgment would state judgment for the claimant rather than "No order".

H
So why couldn't I send proof the claimant did recieve a copy of the defence without an n244 form. I thought n244 was for setting aside a ccj?
2) if n244 is for any disagreeance with an order then why was the claimants word taken that they hadn't recieved the defence without me being given an opportunity to show I have before an order (letter 1) was made?

The N244 is a general application form which can be used for multiple purposes, setting aside a default judgment being one of them but it can also be used to make other applications, such as amending a defence. However, there is no application to make in this case, if default judgment was obtained even though you did submit a defence in time, then you'd have a valid reason to apply to set aside the judgment, however, there is no judgment.

HThe latter seems a very strange process/biased against the defence? I probably won't have a fee to pay because I'm on a very low income but for those who would £150 is a lot to pay for an easily disprovable lie.

If you are not making an application you don't have to pay a fee. Whoever you spoke to didn't know what they were on about. :mmph: