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I have a default judgment, but defendant filed N244 - hearing soon
Hello 
I started a small claim and as the defendant’s solicitors did extend the deadline to respond but ultimately didn’t file anything I asked for default judgement to be entered.*
They then sent me threatening letters and filed a N244 application.
By ringing the court I found out that
A) They tried giving file an unless order to strike out the claim but they first send it to the wrong court, then emailed the right court but without attachment and then filed it again but after I had asked for judgement to be entered.
B) They then filed a N244 application and the court set up a hearing.
I don’t know how to prepare this meeting. Do I need to file a bundle beforehand?
I was under the assumption that you can only set a judgement aside if you were unaware of it (wrong address etc) but in this case they were just careless.*
The unless order was strange, too - they had all the information. Strangely, they have now drafted a Defence that they sent me.
What are the chances of the judgement being set aside? I found the Wright vs Hassle judgement which said that both parties are required to know the rules and deadlines and they clearly made mistakes, the court said this, too.
I had asked the court if the judge could make a decision based on paper evidence, but apparently there’s always a hearing.
This is such a long process and it is so trying to get the money back!
I started a small claim and as the defendant’s solicitors did extend the deadline to respond but ultimately didn’t file anything I asked for default judgement to be entered.*
They then sent me threatening letters and filed a N244 application.
By ringing the court I found out that
A) They tried giving file an unless order to strike out the claim but they first send it to the wrong court, then emailed the right court but without attachment and then filed it again but after I had asked for judgement to be entered.
B) They then filed a N244 application and the court set up a hearing.
I don’t know how to prepare this meeting. Do I need to file a bundle beforehand?
I was under the assumption that you can only set a judgement aside if you were unaware of it (wrong address etc) but in this case they were just careless.*
The unless order was strange, too - they had all the information. Strangely, they have now drafted a Defence that they sent me.
What are the chances of the judgement being set aside? I found the Wright vs Hassle judgement which said that both parties are required to know the rules and deadlines and they clearly made mistakes, the court said this, too.
I had asked the court if the judge could make a decision based on paper evidence, but apparently there’s always a hearing.
This is such a long process and it is so trying to get the money back!
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