Help with N244

[R0b]

No worries, that's what we are here for. There's no guarantee that a court will set aside but as long as you get your point across in a structured form, I think there shouldn't be any reason not to set it aside.

You may want to double check what I've put in that draft defence document, there might be a couple of errors and words missing so just make sure it's a bit polished and not look rushed.

Also can't remember but if you haven't already, make sure to add in an extra point in Q3 for costs, so you only need to say something like "(3) Costs"

[Johndenver]

Cheers R0b I have read through it carefully and changed any mistypes and rejigged the rest of my defense.

I just have two more questions as I am putting together the packs to put in the post. I don't know if you could help with this either Celestine.

Some of the documents in my evidence exhibit have my married name on, such as the tenancy for my new address. To me this should make no difference, my credit file has linked the two names and trace searches as far back as July 2020 on my credit file from other companies return my current and correct address under both names. I got married in August 2019. I have added a paragraph in the introductory bit of my witness statement to say:

****** is my maiden name, which I will use throughout these proceedings, as this is the name on the judgement. My married name is ******* this changed on 04/08/2019 (see page 1 of **1). My credit file and all relevant authorities are aware of this change, so when a document submitted for evidence contains the name **married name** for the purposes of these proceedings it shall refer to **maiden name**.

Is this going to be ok do you think? (This is my husbands legal beagles account btw, which is why I'm called John Denver here!)

Also, when sending everything off, how do I keep it all together, I assume I don't staple it, because the court may need to scan it. Should I use plastic wallets for each section? Or hole punch and the string things with the metal shoelace end things on them?

[R0b]

I'd be inclined to put it in the paragraph where you refer to your exhibit evidence (para. 3?). You really only need to say a sentence so everyone's aware, somehting like "For purposes of clarity, I have since married on [date] and now known as [first name] [surname]. Some of the evidence I rely on in this witness statement therefore refers to my married name."

Always recommend you staple so all documents are together as it's very easy to lose something in loose format. You could contact the court and ask if you can file your application by email so you only need to scan it in and then in your covering email say that you would like to pay the fee by bank card and could they contact you on a number given to pay this. Just make sure in the subject line you clearly identify what it is e.g. "N244 Application to Set Aside Default Judgment (Claim No. XXXXX)"

[Johndenver]

Thanks Rob I will do that, appreciate the quick reply.

[Johndenver]

R0b Celestine

I'm going to have to send it in via post tomorrow. I had it all set out in email ready to send but I have just read the practice directions for emailing the court and it says that it cannot exceed 25 double sided A4 sheets. So I assume 50 pages total.

My Exhibit reference is 47 pages on its own, the whole application is about 65 pages total as a rough estimate so I have to mail it. Do you think stapled in plastic wallets for each section will be ok if I label the front of each one?

Like N244 Application, Witness Statement, Exhibit Reference, Draft Defense all in their own plastic wallet?

[R0b]

Why is your evidence so large, are you actually filing your whole credit report?! I would suggest you do not do that under any circumstances. Court records are public records and anyone can request access to them... I'm sure I don't need to explain why it is a bad idea to make your credit file a public record.

You only need to include what is absolutely relevant, this is not a mini-trial and shouldn't be treated as one. Why don't you just include the one page sheet that confirms your current address and black out any other personal information on that page?

[Johndenver]

Hi R0b,

My Tenancy agreement is 14 pages long, I could just include a page out of it which shows the details and omit all the other rubbish.

I thought it was excessive but didn't know if its still valid evidence if I just chop a page out showing my name address and move in date.

I only have print outs of the pages which show the things I'm relying upon from credit report, page showing ccj, page for current address, a page that shows searches to my file around time of claim etc.

Some of these run into two pages just because that's how they printed. I didnt think I should include the first page and not the second if it says on it page 1 of 2 on the printout. I could just send screenshots rather than printouts which would cut down on the guff.

A lot of it is the emails between Lowell and me from 2018 onwards, about 10 pages. The call transcript is about 4 pages.

Then its just the email from CCBC with particulars of claim.

I obviously want to be thorough but equally dont want to annoy the judge with unnecessary tripe. So i can go back with snipping tool and take screenshots of all the relevant info if need be to cut down on the paperwork. I just didn't know if it would be acceptable as evidence if I did this.

[Johndenver]

OK with taking screenshots of just the pertinent information and pasting them into word I got it down to 18 Pages. I've added a little note up top of the screenshots saying full document available to court and Claimant where it is only part of a document.

Just to confirm it states 25 pages double sided, so a 50 page limit for the whole application is that correct?

[R0b]

You need to ask yourself, do you really need all of the email correspondence. In other words do they add anything in support of the fact that they knew your correct address? If they don't and are just general dispute correspondence then do you really need it?

It would be 50 single pages yes.

[Johndenver]

R0b Celestine OK so I have paid the fee and I'm just about to send it in, I have amended all the evidence and have gotten it down to the required size and amount of pages for email and I just have a question about the formatting of the attachments.

Should it be all one attachment titled N244 Application Case No. *********

Or should I attach them separately: N244 Application, Witness Statement, Exhibit Reference, Draft Defense as 4 separate attachments on the same email?? Or does it even matter?

[R0b]

To avoid the court missing any documents or pages when it is printed off, suggest you roll it up into one.

In your covering email, just list out what is attached.

[Johndenver]

Thanks Rob, I've hit send and got an automatic acknowledgement so I guess now its just a waiting game. Such a relief to get it sent though.

I am unsure what to do if the Claimant starts action against me, Overdales have said they will put my account on hold for 14 days but no longer whether I submit the application or not.

[Johndenver]

R0b So I have had a really weird email from the court. I have paid the N244 fee and sent it off last Friday as planned.

But I had previously requested that the court send me a copy of the judgement and paid the £10 fee for it.

They have sent me a copy of the judgement which contains my current address today. Now categorically no letters from the court have ever been sent to my current address. But the judgement has my current address on it. Although it is dated 20/11/2020. It has "In the County Court at *my town*" when my previous address was a different town.

And it has an order to pay by installments of £100 per month.

Like I said I have never had any letters from the court to my current address, I had to give my previous address for data protection when I called up to get details of the judgement. The judgement is registered to my previous address on my credit file.

Have they just taken the information from the N244 form that I have sent and issued a copy with my current address on? Or is this supposed to be a genuine copy of the original judgement? I'm worried now that if the judge sees this he will say that the forms have gone to my current address. But they never have, everyone before this judgement document acknowledged that everything had gone to my previous address. What the hell?

[Johndenver]

So, in a panic I just used registry trust to search online and the record of the judgement registered is definitely at my previous address.

So weird. Why have they issued a copy of the judgement via email with my current address on it. The only time I gave them my current address was on the N244 application.

[R0b]

I can only suggest you call the court and find out an explanation.