** Lost ** Moriarty Law/MMF v lb1989

[pt2537]

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

You wouldnt need a draft order really, As for a witness statement you can include a statement or put the info in box 10 and any continuation sheets

[lb1989]

You wouldnt need a draft order really, As for a witness statement you can include a statement or put the info in box 10 and any continuation sheets

Thanks - do you think it’s worth putting something in around the agreement stating repay £70? And do I need to include a line saying the claimant is to repay the defendants costs of application? Does everything else on my N244 look correct, nothing missing i.e. “who should be served with this application”

thanks

[pt2537]

Thanks - do you think it’s worth putting something in around the agreement stating repay £70? And do I need to include a line saying the claimant is to repay the defendants costs of application? Does everything else on my N244 look correct, nothing missing i.e. “who should be served with this application”

thanks

Sorry i havent been able to look over the N244, so dont really have any points to make there.

On the payment side of things, i dont know if thats a good thing to do, firist, if your app succeeds the Claim is dead, second if it doesnt and you ahve to defend then you have a good argument that the agreement isnt properly executed and theres an unfair relationship etc

[lb1989]

[MENTION=6]@PT2537[/MENTION]

thanks for your help. I’ve added a couple of snips from the N244 and an updated PDF copy. I think it’s done now. Think my only question left is, do I leave Q9 blank (who should be served with this application).

[lb1989]

Unfortunately, I never got around to sending the N244 application back in February, I ended up travelling with work at short notice and had completely forgotten about this. I did however send notice CPR 29 to state I wouldn't be present at the court date.

I received a letter from the courts around 4 weeks ago, stating that the claim had been struck out due to no attendance by either party - filed this away as case closed.

Today, however, I've received another letter from the court

l .The Claimant and Defendant had both filed notices pursuant to CPR 27.9(l)requesting that the claim be decided in the absence of each party on the evidence filed.
2.The claim should not have been struck out and the order dated 7th May 2019 will be rescinded.
3.The Court has been able to consider the witness evidence and documents filed by both parties.
4.The Defendant disputes the claim mainly on the basis of uncertainty as to the details relied on in calculation of the amount claimed.
5.The explanation provided by the Claimant in the witness statement filed as how the claim is calculated is accepted by the Court.
6.The Court is further satisfied on the balance of probability on considering the evidence filed that the Defendant did borrow from Mr Lender the sum of £200.00 and has failed to replay that sum together with interest that has been applied.
IT IS ORDERED THAT
1. The order dated 7th May 2019 is rescinded.
2. There shall be judgement for the Claimant for £378.00.
3.The Defendant shall pay the Claimant's costs of £140.00.

I'm guessing that is now game over? I don't know if this relevant, but I never received notice from the claimant that they would not be attending court. I did receive that in the original WS back in last year before the claim was struck out for non-payment - I'm not sure if they have to submit a second notice due to the new hearing date months later? Either way, I never received this from the Claimant - aren't they supposed to send to both Court and Defendant? Might be clutching at straws here... (I did send notice to claimant and court that I would not be attending the May hearing date)

[lb1989]

@AMETHYST; @PT2537;

Sorry to double tag! Just wanted to add - if this is indeed the end of it now, is it too late to discuss a Tomlin Order? I'll struggle to pay it in one payment, and I can't have any CCJ's in the industry I work in

[Amethyst]

Did you receive any notice or copy of the claimant's application ? ( seems when the claimants received their order striking the case out they made an application to vary/setaside)

It is a shame you didn't get your previous application in but life takes over sometimes and is more important - certainly your employment is more important than fighting Mr Lender so if you are going to face disciplinary or issues if the CCJ is applied, I'd concentrate on ensuring the judgment debt is paid within the month so it isn't registered for 6 years.

[lb1989]

I didn’t receive anything from the claimant - no notice to say they’d asked for the strike out to be set aside - unless the court did that themselves, I can only assume they realised after the hearing date that we’d both provided the correct notice to not be in court? And the notice in May stated “non attendance by either party” with no other detail so I assume they’d had one or both of us down as not attending and with no notice?

[Amethyst]

Does it say 7 days to vary under the order, or on the courts own motion at the top or anything?

Yes the original order does sound like they just struck for non attendance without notice. With notice they could consider on the papers - when you filed your non attendance did you ask it to be heard in your absence taking your defence and WS into account ?

[lb1989]

Does it say 7 days to vary under the order, or on the courts own motion at the top or anything?

Yes the original order does sound like they just struck for non attendance without notice. With notice they could consider on the papers - when you filed your non attendance did you ask it to be heard in your absence taking your defence and WS into account ?

I've attached a copy of the two orders. Can't see anything on 7 days to vary or courts own motion.

My non attendance notice said:

The Defendant hereby gives notice that he will not attend the Hearing on XXX and further gives notice that the Defendant has served all documents upon which he relies on the Claimant’s Solicitor and has filed such documents with the Court and hereby requests the Court to decide the Claim in absence of the Defendant and the Defendant confirms he has complied with Rule 27.9 (1) (a) and (b).

Sent to the court and the claimant's solicitor as per 27.9 (1) (a):

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

Redacted_1406.pdf

[Amethyst]

Okay it looks like the court made an error in striking out the claim originally and corrected themselves. Both parties notified the court that they wouldn't be attending and to hear the case on the papers. So when the error came to the courts attention they simply followed through with that. Sadly the decision went against you. It might be that the other side contacted the court and asked them why there was a strike out Order when they had pre-notified the court… As presumably you would have done had it been just your defence struck out.

[lb1989]

Is it 30 days from the 11th June (date at the top of the order) to pay the amount and not have it appear on my credit report? Or from the date the hearing happened, which is 24th May from the bottom of the last page?

[Amethyst]

It should be the date of judgment ( 24th May ) but I believe it is actually taken from the date of the order ( 11th June ) because in cases like this it would be incredibly unfair otherwise. pt2537 is there certainty on that? also if you can look in Paul, can you pay the judgment amount ( £348 ) within the month to avoid the register - and wing it on the costs ( £140 ) for a little bit ? ( costs are meant to be paid within 14 days before they are enforceable but thinking if you can pay the £348 'now' and avoid the registration of the judgment and then the £140 a little bit later it might be more manageable. ( HOWEVER the JUDGMENT is for the debt and the costs so it is far safer to pay the full amount if you possibly can - you are tied a bit because its the judgment holder who will have to inform the court it has been paid ( you can as well with evidence of the payment - that's what I'm querying whether that needs to be the full 588 of judgment amount AND costs.... I really shouldn't think out loud sorry but might be worth investigating IF it would help you manage this.

The second page of the judgment order does seem out of kilter with the rest - is that exactly how it came?

Cancellation or endorsement of entries relating to judgments of the High Court or a county court

11.—(1) This regulation applies where an entry in the Register is one to which regulation 8(1)(a) applies (judgments entered in the High Court or a county court).

(2) Where it comes to the attention of the appropriate officer that—

(a)

the debt to which the entry relates has been satisfied one month or less from the date of the judgment; or

(b)

the judgment to which the entry relates has been set aside or reversed,

that officer shall send a request to the Registrar to cancel the entry.

(3) Where it comes to the attention of the appropriate officer that the debt has been satisfied more than one month from the date of the judgment, that officer shall send a request to the Registrar to endorse the entry as to the satisfaction of the debt.

[Amethyst]

Hmmm looking at it again, the second order, states the order dated 7th May is rescinded, and the 7th May is the date the judgment was made not the date the order was issued(16th May)... so you might well be stuck with the earlier date of 24th May

[lb1989]

That does seem a really short timeframe as it’s taken the court 12 working days to issue the order - 24th May to 11th Jun! Quick google search says “within one month of being issued” but having two dates on the order doesn’t help

The key difference between those two dates for me being, pay day. Any scope to pay judgement amount first and costs shortly after would be a huge help.

Re the last page... it was a full A4 but my phone wouldn’t scan it properly as it was mostly a blank page apart from those 4 lines!