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I am self employed and one of my clients owes me money so I have issued a claim to the civil court against him
In my N1 Claim Form I have indicated that I wanted that the court sent me back the Claim Form so that I serve it myself on the Respondent within four months according to CPR 6.4 (1)
I did this because I wanted to have more time to draft my Particulars of Claims
However, wrongly the civil court served itself the claim on the Defendant
Hence, I was confused and I made an application for default judgment because the Defendant had not replied to the claim by the date indicated in the Notice of Issue. However, I was wrong because the Defendant had not yet received my particulars of claim
I would like to have this default judgment set aside to have my claim processed in a normal way and be able to serve my particulars of claim.
I would like to know if I can simply contact the county court to explain the situation and it will set aside this default judgment because it is not my fault because the county court failed to send me back the claim form so that I serve it myself, or I have to make an application with a N244 form to have it set aside.
I have posted this thread because I am a special situation because usually it is the defendant against whom the default judgment has been issued who makes an application to have it set aside but not the claimant who benefit from the default judgment
In my N1 Claim Form I have indicated that I wanted that the court sent me back the Claim Form so that I serve it myself on the Respondent within four months according to CPR 6.4 (1)
I did this because I wanted to have more time to draft my Particulars of Claims
However, wrongly the civil court served itself the claim on the Defendant
Hence, I was confused and I made an application for default judgment because the Defendant had not replied to the claim by the date indicated in the Notice of Issue. However, I was wrong because the Defendant had not yet received my particulars of claim
I would like to have this default judgment set aside to have my claim processed in a normal way and be able to serve my particulars of claim.
I would like to know if I can simply contact the county court to explain the situation and it will set aside this default judgment because it is not my fault because the county court failed to send me back the claim form so that I serve it myself, or I have to make an application with a N244 form to have it set aside.
I have posted this thread because I am a special situation because usually it is the defendant against whom the default judgment has been issued who makes an application to have it set aside but not the claimant who benefit from the default judgment
