** Lost ** Moriarty Law/MMF v lb1989

[pt2537]

This bit ?

089C2390-0F42-4D91-A35F-2B25F39B53A4.png

Ill put it on a pdf for you in a bit tho

Er, you will borrow £200, you will repay £70, the total amount payable will be £270,

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[lb1989]

Sorry to sound harsh here but £100 now, vs losing in court, having judgment and costs is in my book a no brainer. The Court has made an order on application of the claimant that it cannot really make, it must be set aside, and i think you wouold have a good shout at getting your costs back on the application too.


That order needs to go, you ought to have your say as to why the Claim shouldnt be reinstated and your right to reply etc

Okay it seems like the best thing to do. How do I go about submitting that application then? Do I send a cheque, and is it form N244? I had a look at it yesterday but not sure how to fill it in? Any help is much appreciated, thanks!

[pt2537]

Okay it seems like the best thing to do. How do I go about submitting that application then? Do I send a cheque, and is it form N244? I had a look at it yesterday but not sure how to fill it in? Any help is much appreciated, thanks!

well you would need an N244, you would need to supply that N244 with a cheque, and it would need to set out the grounds on which the order was defective etc, it is fairly straight forward so shouldnt be overly problematic to complete the N244

[Amethyst]

Er, you will borrow £200, you will repay £70, the total amount payable will be £270,

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Exactly AND it should actually be ' you will borrow £183 ' because £7 and £10 are admin fees ( cost of credit ) not credit.

[Amethyst]

well you would need an N244, you would need to supply that N244 with a cheque, and it would need to set out the grounds on which the order was defective etc, it is fairly straight forward so shouldnt be overly problematic to complete the N244

Yeah for you ... it'll take me a day to figure out why the court shouldn't have made the order without notice as the claim was struck for non payment of hearing fee and presumably they argued admin error or court error on it ....

[lb1989]

well you would need an N244, you would need to supply that N244 with a cheque, and it would need to set out the grounds on which the order was defective etc, it is fairly straight forward so shouldnt be overly problematic to complete the N244

Whats order are you asking the court to make and why? - "The applicant seeks an order to set aside the Claimant's application dated 15/1/19." What should I put as the why?

Thanks - got the form up now. For the question "have you attached a draft of the order you are applying for?" Do I select No, or do I need to provide a draft order?

I guess I should select "without a hearing" as how I want it to be heard, and then I've put in the date and time of the hearing due in May in question 7. I've said District Judge for question 8 (just based on reading the letter I received on Tuesday).

Re: "Who should be served with this application", would I need to say Claimant/Claimant's Solicitor, or can I do the same and do it without notice to them?

Question 10 - what information will I rely on. Should I resubmit the WS *and* set out evidence in the form?

Sorry for all the questions!

[Amethyst]

Just for ref.

Relief from sanctions

3.9

(1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need –

(a) for litigation to be conducted efficiently and at proportionate cost; and

(b) to enforce compliance with rules, practice directions and orders.

(2) An application for relief must be supported by evidence.

Back to top General power of the court to rectify matters where there has been an error of procedure

3.10 Where there has been an error of procedure such as a failure to comply with a rule or practice direction –

(a) the error does not invalidate any step taken in the proceedings unless the court so orders; and

(b) the court may make an order to remedy the error.

[lb1989]

Reading 23.9 it states

(3) The order must contain a statement of the right to make an application to set aside or vary the order under rule 23.10.

With that in mind, I've got the following in my N244:

The applicant seeks an order to set aside the Claimant's application dated 15/1/19 pursuant to Pt 23 of the Civil Procedure Rules on the ground that the order did not contain a statement of the right to make an application to set aside or vary the order

Doesn't quite sound right though?

[pt2537]

Reading 23.9 it states

With that in mind, I've got the following in my N244:



Doesn't quite sound right though?

Not the application the order, the Defendant seeks an order setting aside the "order" dated........

Why? Because the application was made without notice seeking relief from sanctions, the Defendant was denied the right to make submissions as to why relief should not be granted thus contrary to the principles of natural justice, and the order was defective as it did not draw the Defendants attention to the fact that per CPR.... the defendant could apply to set the order aside.....

Something like that shoudl do the trick

[lb1989]

Just for ref.

Could I argue that "proportionate cost" went out of the window when their application cost £255 on an original claim amount of £463, alongside the fact the order did not state I had the option to make an order to set aside under CPR 23.10

[lb1989]

Not the application the order, the Defendant seeks an order setting aside the "order" dated........

Why? Because the application was made without notice seeking relief from sanctions, the Defendant was denied the right to make submissions as to why relief should not be granted thus contrary to the principles of natural justice, and the order was defective as it did not draw the Defendants attention to the fact that per CPR.... the defendant could apply to set the order aside.....

Something like that shoudl do the trick

Thank you! I can't quite get it all to fit in Q3 (what order). Can some of it shift into the evidence box in Q10.

i.e.

The applicant seeks an order to set aside the order dated 18/1/19 pursuant to Pt 23 of the Civil Procedure Rules on the ground that the order was made without notice seeking relief from sanctions, as well as the evidence provided below.

[pt2537]

Thank you! I can't quite get it all to fit in Q3 (what order). Can some of it shift into the evidence box in Q10.

i.e.

you can put in the box 3, Why? Please see the reasons set out in section 10 of this application

[lb1989]

Thanks for all your help so far. I've attached a draft copy of what I have so far. Do you think it needs a bit more meat to it? Also not sure how to start the evidence section, at the minute i've just put in the reasons. Do I need something like "I believe the order should be set aside based on the below evidence"? Maybe I could add something around the agreement stating repayment of £70 etc. (I have that in my original WS, could I re-submit that or even send an edited version?) as well as proportionate cost?

I'm off work today so just sat here trying to get it all typed up and make sure it has a leg to stand on!

[Amethyst]

I'll tag pt2537 for you xxx

[lb1989]

Aside from the N244, what else do I need to send?

do I have to do a draft order?
do I need to include my WS?
you mentioned earlier I’d have a good chance at getting the £100 for this application back - how would I go about that?

Want to get it all sent off on Monday as that is the last day I can send it to make it in time for the 7 days after receiving the original order.

Thanks